Aviso, Cookies & Terms of Use (ENG)

LEGAL NOTICE AND GENERAL CONDITIONS FOR THE USE OF THE WEBSITE

www.elixirdefuego.com

I. GENERAL INFORMATION

In accordance with the obligation to provide information laid down in Act 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), the following general information is provided by this website:

The ownership of this website, www.elixirdefuego.com, (hereinafter referred to as the website) is : Live & Love MALLORCA S.L., NIF: B 57887051 and is registered in : Palma de Mallorca with the following registration data: TOMO: 2593 LIBRO: 0 FOLIO: 15 HOJA: PM-75154 INSCRIP 3, whose representative is: 1.Sascha Werthmann 2.Michaela Plat and 3.Lukas Grüter, and whose contact details are:

Address
C./ Garsa 11
07610 Can Pastilla/ Illes Baleares
Contact phone: +34 634 34 56 69
Contact E-Mail: info@liveandlovemallorca.com

II. GENERAL TERMS OF USE

The object of conditions: The website

The purpose of these General Terms of Use (“Terms”) is to govern access to and use of the Site. For the purposes of these Terms and Conditions, the Website shall mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter referred to as Content), as well as any online services or resources offered to users (hereinafter referred to as Services).

Live & Love Mallorca SL reserves the right, at any time and without prior notice, to modify the presentation and configuration of the website and the content and services contained therein. The User acknowledges and accepts that Live & Love Mallorca SL may at any time interrupt, deactivate and/or delete these elements integrated into the Site or access to them.

The User’s access to the Site is free of charge and, as a general rule, free of charge, without the User having to provide any consideration in order to use it, with the exception of the cost of connection via the telecommunications network provided by the access provider appointed by the User.

The use of the content or services of the website may be made by subscription or prior registration of the user.

The User

The access, navigation and use of the Site, as well as the spaces set up for interaction between the Users and the User and Live & Love Mallorca SL, as well as the comments and/or blogging spaces, give the User the condition of accepting all the conditions set out herein from the start of navigation on the Site, as well as their subsequent modifications, without prejudice to the application of the relevant legal provisions which may have to be complied with. Given the relevance of the foregoing, the user is advised to read them each time he visits the Site.

The Live & Love Mallorca SL website offers a wide range of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility extends to:

Any use of the information, content and/or services and data offered by Live & Love Mallorca SL, without breaching the provisions of these conditions, the law, morality or public order, or which may otherwise infringe the rights of others or the operation of the website.
The truthfulness and legality of the information provided by the user in the forms issued by Live & Love Mallorca SL for access to certain content or services offered on the website. In any case, the user is obliged to inform Live & Love Mallorca SL immediately of any fact that could lead to the misuse of the information contained in these forms, such as theft, loss or unauthorised access to identifiers and/or passwords, in order to immediately delete them.

Live & Love Mallorca SL reserves the right to withdraw any comments and contributions that are contrary to the law, respect for human dignity, discriminatory, xenophobic, racist, pornographic, spamming, youth or childhood, threaten public order or security, or which, in its opinion, are inappropriate for publication.

In any event, Live & Love Mallorca SL is not responsible for the opinions expressed by users through comments or other blog or participation tools that may be available.

Access to this website does not imply any commercial relationship between Live & Love Mallorca SL and the user.

The user declares that he/she is of legal age and has legal capacity to be bound by these conditions. Therefore, this Live & Love Mallorca SL website is not intended for minors. Live & Love Mallorca SL disclaims any liability for non-compliance with this requirement.

The website is intended primarily for users residing in Spain. Live & Love Mallorca SL does not guarantee that the website complies, in whole or in part, with the laws of any other country. If the user is resident or located elsewhere and decides to access and/or surf the Site at his/her own risk, he/she must ensure that such access and surfing complies with local laws applicable to him/her, Live & Love Mallorca SL does not assume any responsibility that may result from such access.

III. ACCESSING AND BROWSING THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY

Live & Love Mallorca SL does not guarantee the continuity, availability or usefulness of the website, content or services. Live & Love Mallorca SL will do everything in its power to ensure the proper functioning of the website; however, Live & Love Mallorca SL is not responsible and does not guarantee that access to this website will not be uninterrupted or error-free.

It is neither responsible nor guarantees that the content or software that can be accessed via this website is free of errors or that it will cause damage to the user’s computer system (software and hardware). In no event shall Live & Love Mallorca SL be liable for any loss, damage or injury of any kind arising out of access to, browsing in or use of the Site, including, but not limited to, those caused by computer systems or the introduction of viruses.

Live & Love Mallorca SL is also not responsible for any damage caused to users as a result of improper use of this website. In particular, Live & Love Mallorca SL is in no way responsible for any falls, interruptions, defects or deficiencies in telecommunications.

IV. PRIVACY AND DATA PROTECTION GUIDELINES

Live & Love Mallorca SL undertakes, in compliance with the laws in force, to take the necessary technical and organisational measures, depending on the level of security appropriate to the risk of the data collected.

Laws included in 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. In particular, it complies with the following standards:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
Organic Law 3/2018 of 5 December on the protection of personal data and digital rights.
Royal Decree 1720/2007 of 21 December approving the Regulations 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 Electronic Commerce (LSSI-CE).

Identity of the entity responsible for the processing of personal data

The person responsible for the processing of personal data collected by Live & Love Mallorca SL is: LIVE & LOVE MALLORCA S.L., equipped with NIF: B 57887051 and registered in : Palma de Mallorca with the following registration data: YEAR: 2593 BOOK: 0 FOLIO: 15 LEAF: PM-75154 INSCRIP 3, whose representative is: Live & Love Mallorca S.L. (hereinafter also responsible for the treatment). Your contact details are as follows:

Address
C./ Garsa 11
07610 Box Pastilla
Contact phone: +34 634 34 56 69
Contact E-Mail: info@liveandlovemallorca.com

Data Protection Officer (DPD)

The Data Protection Officer (DPD, or DPO) is responsible for ensuring compliance with the data protection regulations to which Live & Love Mallorca SL is subject. The user can contact the DPD designated by the controller using the following contact details: info@liveandlovemallorca.com..

Registration of personal data

The personal data collected by Live & Love Mallorca SL through the forms provided on its website will be recorded and duly declared in an automated file under the responsibility of the data controller and entered in the general register of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.).).agpd.es), with the aim of facilitating, making agile and fulfilling the obligations entered into between Live & Love Mallorca SL and the User, or maintaining the relationship established in the forms it fills out, or to deal with a request or consultation thereof.

Principles for the processing of personal data

The processing of the user’s personal data is subject to the following principles of Article 5 of the RGPD:

Principles of lawfulness, loyalty and transparency: the user’s consent is required at all times following fully transparent information on the purposes for which the personal data are collected.
Purpose limitation principle: Personal data are collected for specific, explicit and legitimate purposes.
Principle of data minimisation: the personal data collected are only those which are strictly necessary for the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and kept up to date.
Principle of limitation of storage period: personal data shall be kept only in such a way that the user can be identified for the period of time necessary for the purposes of the processing.
Principle of integrity and confidentiality: personal data shall be treated in such a way as to ensure their security and confidentiality.
Principle of proactive responsibility: The controller is responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by Live & Love Mallorca SL are both identification data and specific categories of personal data within the meaning of Article 9 of the RGPD.

Special categories of personal data include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data for the purpose of the unambiguous identification of a natural person, data concerning health or data concerning the sexual life or sexual orientation of a natural person.

The processing of special categories of personal data in any case requires the express consent of the user for one or more specific purposes.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Live & Love Mallorca SL undertakes to obtain the express and verifiable consent of the user to the processing of his/her personal data for one or more specific purposes.

The user has the right to revoke his consent at any time. The revocation of the consent will be as simple as its granting. As a rule, the revocation of consent is not tied to your use of the website.

In cases where the user is required or able to provide his/her data through forms for requests, requests for information or for reasons related to the content of the website, he/she will be informed if it is absolutely necessary to fill in any of these details, as they are essential for the proper performance of the operation.

Purposes of the processing for which the personal data are intended

Personal data is collected and managed by Live & Love Mallorca SL in order to facilitate, speed up and fulfil the obligations entered into between the website and the user, or to maintain the relationship established in the forms filled in by the user, or to respond to an enquiry or request.

The data may also be used for commercial purposes, such as personalisation, operation and statistics, as well as for activities related to the corporate purpose of Live & Love Mallorca SL, and for the extraction, storage of data and marketing studies aimed at adapting the content offered to the user and improving the quality, operation and navigation of the website.

At the time the personal data is collected, the user will be informed of the specific purpose(s) of the processing for which the personal data will be used, i.e. the use or purposes communicated to the information collected.

Retention periods for personal data

Personal data are stored only for the minimum time necessary for the purposes of processing and in any case only for the following period: 12 months or until the user requests deletion.

At the time the personal data are collected, the user shall be informed of the period during which the personal data are stored or, if this is not possible, of the criteria for determining that period.

Recipients of personal data

The personal data of the user will be passed on to the following recipients or categories of recipients:

Live & Love Mallorca SL
Calle de la Garza 11
07610 Box Pastilla
info@liveandlovemallorca.com

Where the controller intends to transfer personal data to a third country or an international organisation, the user shall be informed of the existence or otherwise of an adequacy decision by the Commission at the time the personal data are collected by the third country or international organisation to which the data are to be transferred.

Personal data of minors

In compliance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only persons over the age of 14 may give their consent to the lawful processing of their personal data by Live & Love Mallorca SL. In the case of a child under the age of 14, the consent of the parents or legal guardians is required for the treatment and the treatment is considered lawful only if the parents or legal guardians have given their consent.

Confidentiality and security of personal data

Live & Love Mallorca SL undertakes to take the technical and organisational measures necessary to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, as well as unauthorised communication or access to such data.

The website is equipped with an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, i.e. the transmission of data between the server and the user and the feedback is fully encrypted or encrypted.

However, since Live & Love Mallorca SL cannot guarantee the impregnability of the Internet or the total absence of hackers or other persons who fraudulently access personal data, the Controller undertakes to inform the User immediately in the event of a breach of the security of personal data, which may present a high risk to the rights and freedoms of natural persons. According to Article 4 of the RGPD, a breach of personal data security means any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to the unauthorised disclosure of or access to such data.

Personal data will be treated confidentially by the person in charge, who undertakes to inform by legal or contractual obligation and to guarantee that this confidentiality is respected by his employees, partners and any person to whom he makes the information available.

Rights arising from the processing of personal data

The user has the following rights recognised in the RGPD against the controller via Live & Love Mallorca SL:

Right of access: The user has the right to obtain confirmation as to whether Live & Love Mallorca SL processes his/her personal data or not, and if so, information about his/her specific personal data and the treatment that Live & Love Mallorca SL has carried out or is carrying out, as well as, inter alia, the available information about the origin of this data and the addressees of the communications carried out or planned.
Right to rectification: The user has the right to have his personal data modified if they prove to be inaccurate or incomplete in relation to the purposes of the processing.
Right to oppression (“the right to oblivion”): The user has the right, unless otherwise provided by current legislation, to request the cancellation of his personal data if they are no longer necessary for the purposes for which they were collected or processed; the user has withdrawn his consent to the processing and this has no other legal basis; the user objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been unlawfully processed; the personal data must be deleted in accordance with a legal obligation; or the personal data have been collected as a result of a direct offer of Information Society services to a child under 14 years of age. In addition to deleting the data, the controller shall, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the controllers of the processing of personal data of the data subject’s request to delete a link to such personal data.
Right to limit the processing: This is the user’s right to limit the processing of his personal data. The user has the right to have the processing restricted if he questions the accuracy of his personal data; if the processing is unlawful; if the data controller no longer needs the personal data but the user needs it to make a claim; and if the user has objected to the processing.
Right to data transfer: In the case of automated processing, the user has the right to obtain his personal data from the data controller in a structured, customary and mechanically readable format and to transfer them to another data controller. Whenever technically possible, the data controller transfers the data directly to the other data controller.
Right of objection: It is the user’s right not to have his personal data processed or stopped by Live & Love Mallorca SL.
Right not to be the subject of a decision based exclusively on automated processing, including profiling: It is the user’s right not to be the subject of an individualised decision based exclusively on the automated processing of personal data, including the creation of profiles, unless the legislation in force provides otherwise.

The user may therefore exercise his rights by means of a written communication to the person responsible for the treatment with the note “RGPD-www.liveandlovemallorca.com” indicating:

Name, surname of the user and copy of the DNI. Where representation is permitted, identification by the same means as the person representing the User and documentary accreditation are also required. The photocopy of the DNI may be replaced by any other legally valid means proving identity.
Request with the specific reasons for the request or the information you wish to access.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request formulated by the applicant.

This application and all other accompanying documents may be sent to the following address and/or e-mail address:

Postal address:
C./ Garsa 11
07610 Box Pastilla
E-mail: info@liveandlovemallorca.com

Links to third party websites

The website may contain hyperlinks or links that allow access to the websites of providers other than Live & Love Mallorca SL and are therefore not operated by Live & Love Mallorca SL. The owners of these sites have their own privacy policies and are responsible for their own files and privacy practices.

Complaints to the Regulatory Authority

If the user considers that there is a problem or a breach of the applicable rules in the processing of his personal data, he shall be entitled to effective legal protection and to a complaint to a supervisory authority, in particular in the State in which he has his habitual residence, place of work or place of alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Authority (http://www.agpd.es).

Acceptance and Modifications of this Privacy Policy

It is necessary that the user has read and agrees to the conditions for the protection of personal data contained in this Privacy Policy and accepts the processing of his personal data so that the responsible person can proceed in the manner, during the periods and for the purposes indicated. Use of the site implies acceptance of the site’s Privacy Policy.

Live & Love Mallorca SL reserves the right to modify its Privacy Policy according to its own criteria or due to a change in legislation, jurisprudence or doctrine of the Spanish Data Protection Authority. Changes or updates to this Privacy Policy will be expressly communicated to the user.

This Privacy Policy was updated on 8 March 2019 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).

V. COOKIE POLICY

Access to this website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user – in the various devices that can be used for navigation – so that the server remembers certain information that is read later and only the server that implemented it. Cookies make surfing easier, are friendlier and do not damage your navigation device.

Cookies are automatic methods of collecting information about the preferences that the user has set during his visit to the site in order to recognize the user and personalize his experience and use of the site, and may also help, for example, identify and correct errors.

Information collected through cookies may include the date and time you visited the Site, the pages you visited, the time spent on the Site, and the pages you visited shortly before and immediately after the Site. However, no cookie allows him to contact the user’s telephone number or other personal contact information. No cookie can extract information from the user’s hard drive or steal personal information. The user’s private information can only be part of the cookie file if the user personally provides this information to the server.

Cookies that allow a person to be identified are considered personal information. Therefore, they are subject to the privacy policy described above. In this sense, the user’s consent is required for use. This consent is given on the basis of an authentic choice, which is offered, removed and documented by a positive and positive decision prior to first treatment.

Third Party Cookies

These are cookies used and managed by external companies that provide Live & Love Mallorca SL with the services requested by Live & Love Mallorca SL in order to improve the website and the user-friendliness of navigation on the website. The main purposes for which third party cookies are used are to obtain access statistics and to analyse navigation information, i.e. how the user handles the website.

The information obtained relates, for example, to the number of pages visited, the language, the location of the IP address from which the user accesses the site, the number of users, the frequency and repetition of visits, the time of the visit, the browser used, the operator or the type of device from which the visit is made. This information is used to improve the site and to identify new needs in order to provide users with content and/or services of the highest quality. In any case, information is collected anonymously and trend reports on the development of the site are produced without identifying individual users.

For more information on cookies, privacy information or a description of the types of cookies used, their main functions, expiration dates, etc., please see the links below:

Google Analytics:
https:developers.google.com/analytics/;
Sync by honeybunny https://help.optimizely.com/..

The entity(ies) responsible for providing cookies may disclose this information to third parties if required to do so by law, or if it is a third party that processes this information for these companies.

Cookies for social networks

Live & Love Mallorca SL has plugins for social networks that allow access to them via the website. For this reason, cookies may be stored in the user’s social network browser. The owners of these social networks have their own privacy and cookie policies, and in any case they are responsible for their own files and their own privacy practices. The user must contact them in order to be informed about these cookies and, if applicable, about the processing of his personal data. Below are the links where you can view this privacy and/or cookie policy:

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

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

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

Youtube: https://policies.google.com/privacy?hl

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

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

Deactivating, rejecting and deleting cookies

The user can deactivate, reject and delete all or part of the cookies installed on his device via the configuration of his browser (e.g. Chrome, Firefox, Safari, Explorer). In this context, the procedures for rejecting and deleting cookies may vary from browser to browser. The user must therefore follow the instructions of the Internet browser he or she is using. If you refuse to use cookies in whole or in part, you may continue to use the Site, although the use of some of its features may be limited.

Changes to the Cookie Policy

The Website’s cookie policy may change or be updated, so it is advisable for the user to review this policy each time the Website is accessed in order to properly understand how and for what purposes we use cookies.

VI BRIDGING POLICY

It is reported that the Live & Love Mallorca SL website provides or makes available to users links (such as links, banners, buttons), directories and search engines that enable users to access websites owned and managed by third parties.

The installation of these links, directories and search engines on the Site is intended to facilitate the search of users and access to the information available on the Internet, without being considered as a suggestion, recommendation or invitation to visit these pages.

Live & Love Mallorca SL does not offer or market, itself or through third parties, the products and/or services available on these linked sites.

Nor does it guarantee the technical availability, accuracy, truthfulness, validity or legality of websites outside its ownership that can be accessed via links.

Live & Love Mallorca SL does not in any way review or control the content of other websites and approves, checks or owns the products and services, content, files and any other existing material on the linked websites.

Live & Love Mallorca SL is not responsible for any damage that may result from the access, use, quality or legality of the content, communications, opinions, products and services of websites that are not managed by Live & Love Mallorca SL and that are linked to this website.

The user or a third party who creates a hyperlink from a website of another website to the website of Live & Love Mallorca SL should be aware of this:

It is not permitted to reproduce all or part of the contents and/or services of the website without the express permission of Live & Love Mallorca SL.

No false, inaccurate or false information may be given about the Live & Love Mallorca SL website or its contents and/or services.

With the exception of the hyperlink, the website on which this hyperlink is established may not contain any element of this website which is protected by Spanish law as intellectual property, unless Live & Love Mallorca SL has expressly authorised this.

The creation of the hyperlink does not mean that there is a relationship between Live & Love Mallorca SL and the owner of the website from which it is created, nor that Live & Love Mallorca SL is aware of and accepts the content, services and/or activities offered on this website and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Live & Love Mallorca SL owns, alone or as an assignee, all intellectual and industrial property rights in the website and the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are thus protected as intellectual property by the Spanish legal system and apply both to Spanish and Community legislation in this field and to international treaties relating to this subject signed by Spain.

All rights reserved. In accordance with the provisions of the Intellectual Property Code, reproduction, distribution and public communication, including the manner in which the contents of this website are made available, in whole or in part, for commercial purposes, in any medium and by any technical means, are expressly prohibited without the permission of Live & Love Mallorca SL.

The user undertakes to respect the intellectual and industrial property rights of Live & Love Mallorca SL. You may view or even print, copy and store the elements of the website on your computer’s hard drive or on any other physical support, provided that they are for your personal use only. However, the user may not delete, modify or tamper with any security devices or systems installed on the website.

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In the event that the user or a third party considers that any of the contents of the website constitute an infringement of intellectual property rights, they must immediately inform Live & Love Mallorca SL of the contact details in the General Information section of this Legal Notice and General Terms of Use.

VIII. ACTIONS, APPLICABLE LAW AND VENUE

Live & Love Mallorca SL reserves the right to take any civil or criminal action it deems necessary for the misuse of the website and its contents or for the violation of these conditions.

The relationship between the user and Live & Love Mallorca SL shall be governed by the regulations in force in Spain. In the event of any dispute relating to the interpretation and/or application of these conditions, the parties will submit their disputes to the ordinary courts and will submit them to the appropriate courts and tribunals in accordance with the law.

Last modified: 16.06 2019