I. GENERAL INFO
In compliance with the duty of information established in the Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:
The ownership of this website, https://andycriere.com, (from now on Website) is held by: Andy Criere, with NIF: 49577798-X, and whose contact details are
Contact phone number: ———-
Contact email: firstname.lastname@example.org
II. GENERAL TERMS AND CONDITIONS OF USE >
The object of the conditions: The Website
The object of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, Web Site shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those services or online resources that it offers to Users (hereinafter, Services).
Andy Criere Professional Surfer 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 accepts that at any time Andy Criere Professional Surfer may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.
The access to the Website by the User is free and, as a general rule, is free 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 that the User has contracted.
The use of any of the Content or Services of the Website may be made by means of the User’s prior subscription or registration.
Access, navigation and use of the Website confers the condition of User, and therefore all the Conditions established here, as well as their subsequent modifications, are accepted from the moment the navigation of the Website begins, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case. Given the relevance of the above, the User is recommended to read them each time he or she visits the Website.
The Andy Criere Professional Surfer Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- A use of the information, Contents and/or Services and data offered by Andy Criere Professional Surfer without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of others or the same operation of the Website.
- The truthfulness and legality of the information provided by the User in the forms provided by Andy Criere Professional Surfer for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Andy Criere Professional Surfer about any fact that allows the improper use of the information registered in those forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
The mere access to this Website does not imply any kind of commercial relationship between Andy Criere Professional Surfer and the User.
Always in the respect of the current legislation, this Website of Andy Criere Professional Surfer is addressed to all the people, no matter their age, who can access and/or surf the pages of the Website.
III. ACCESS AND NAVIGATION ON THE WEBSITE: DISCLAIMER OF WARRANTIES AND LIABILITY
Andy Criere Professional Surfer does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Andy Criere Professional Surfer will do his best for the good functioning of the Website, however, does not take any responsibility or guarantee that the access to this Website will not be uninterrupted or that it is free of error.
Nor does it take responsibility or guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). Under no circumstances will Andy Criere Professional Surfer be responsible for any loss, damage or injury 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.
Andy Criere Professional Surfer is also not responsible for any damage that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Andy Criere Professional Surfer is committed to adopting the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
strong>Identity of the person responsible for processing the personal data
The person in charge of the processing of the personal data collected at Andy Criere Professional Surfer is: Andy Criere, with NIF: 49577798-X (from now on also the person in charge of the processing). His contact details are as follows:
Contact phone number: ———-
Contact email: email@example.com
Personal Data Logging
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Andy Criere Professional Surfer through the forms provided in their pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Andy Criere Professional Surfer and the User or the maintenance of the relationship established in the forms that the User fills out, or to meet a request or consultation of the same. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles as set out in article 5 of the RGPD:
- Principle of legality, loyalty and transparency: the User’s consent will be required at all times, after being informed in a completely transparent manner of the purposes for which the personal data are collected.
- Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of accuracy: personal data must be accurate and always up-to-date.
- Principle of limitation of the period of conservation: the personal data will only be maintained in such a way as to allow 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.
- Principle of proactive responsibility: the data controller shall be responsible for ensuring that the above principles are complied with.
Personal data categories
The categories of data processed in Andy Criere Professional Surfer are only identifying data. In no case, special categories of personal data are treated in the sense of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Andy Criere Professional Surfer undertakes to obtain the User’s express and verifiable consent to the processing of his personal data for one or more specific purposes.
The User has the right to withdraw his consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must or may provide his/her data through forms to make queries, request information or for reasons related to the content of the Website, the User will be informed if the completion of any of these forms is compulsory due to the fact that they are essential for the correct development of the operation carried out.
The purpose of the treatment to which the personal data are destined
Personal data are collected and managed by Andy Criere Professional Surfer 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 out or to meet a request or consultation.
Similarly, the data may be used for commercial purposes of personalization, operational and statistical, and activities of the corporate purpose of Andy Criere Professional Surfer, as well as for the extraction, data storage and marketing studies to adapt the content offered to the User, as well as improve the quality, performance and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be put; that is, the use or uses that will be given to the information collected.
strong>Periods of retention of personal data
Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.
At the time the personal data are obtained, the User will be informed of the period during which the personal data will be kept or, where this is not possible, the criteria used to determine this period.
Addressees of personal data,
The User’s personal data will be shared with the following recipients or categories of recipients:
In case the Controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the personal data are collected about the third country or international organisation to which the data are intended to be transferred and about the existence or absence of a decision of adequacy by the Commission.
Personal data of minors
In accordance with articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years old can give their consent to the treatment of their personal data in a legal way by Andy Criere Professional Surfer. If the person is under 14 years old, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered licit in the measure in which they have authorized it.
Secret and security of personal data
Andy Criere Professional Surfer is committed to adopting 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 avoid the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
The Website has a 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 unencrypted.
However, since Andy Criere Professional Surfer cannot guarantee the impregnability of the internet or the total absence of hackers or others who access personal data in a fraudulent way, the Data Controller undertakes to inform the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of individuals. In accordance with article 4 of the RGPD, a personal data security breach is understood to be any breach of security that results 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 of and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible.
Rights arising from the processing of personal
The User has over Andy Criere Professional Surfer and may therefore exercise against the Responsible of the treatment the following rights recognized in the RGPD:
- This is the right of the User, provided that the legislation in force does not establish otherwise, to obtain the deletion of his/her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation, or the personal data has been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to the deletion of the data, the data controller shall, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the data controllers who are processing the personal data of the data subject’s request for the deletion of any link to those personal data.
- Right to limit processing: This is the right of the User to limit the processing of his personal data. The User has the right to obtain the limitation of the processing when he contests the accuracy of his 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: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured, commonly used and machine-readable format and to transmit them to another Data Controller. Wherever technically possible, the data controller shall transmit the data directly to that other controller.
- Right of opposition: The User has the right not to have his personal data processed or to have them processed by Andy Criere Professional Surfer.
- Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualized decision based solely on the automated processing of his or her personal data, including profiling, unless otherwise provided for by law.
Therefore, the User will be able to exercise his rights by means of a written communication addressed to the Responsible of the treatment with the reference “RGPD-https://andycriere.com”, specifying:
- Name, surname of the User and copy of the ID. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other legally valid means of proof of identity.
This application and any other attached documents may be sent to the following address and/or e-mail:
strong>Links to third party website
The Website may include hyperlinks or links that allow access to websites of third parties other than Andy Criere Professional Surfer, and which are therefore not operated by Andy Criere Professional Surfer. 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.
strong>Complaints to the control authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way his or her personal data is being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or 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).
V. COOKIES POLICY
The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after the Website. However, no cookie allows the 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 become part of the Cookie file is for the User to personally give that information to the server.
Cookies are those that are sent to the User’s computer or device and managed exclusively by Andy Criere Professional Surfer for the best performance 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 to recognize the User as a recurrent visitor of the Website and to adapt the content to offer you content that fits your preferences.
The entity(ies) in charge of providing cookies may pass on this information to third parties, provided that this is required by law or that a third party processes this information for these entities.
Social network cookies
Andy Criere Professional Surfer incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, and are responsible for their own files and privacy practices. The User must refer to these policies to find out about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links to these privacy and/or cookie policies are indicated below:
strong>Disable, reject and delete cookies
VI. LINK POLICY
We inform that Andy Criere Professional Surfer’s Website makes or may make available to Users linking media (such as, but not limited to, 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 Website is intended to facilitate the Users’ search for and access to the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.
Andy Criere Professional Surfer does not offer or market on its own or through third parties the products and/or services available on such linked sites.
Likewise, Andy Criere Professional Surfer does not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites outside its property that can be accessed through the links.
Andy Criere Professional Surfer will in no case review or control the content of other websites, nor approve, examine or make their own the products and services, content, files and any other material on those linked sites.
Andy Criere Professional Surfer does not assume any responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by Andy Criere Professional Surfer and which are linked from this Website.
The User or third party who makes a hyperlink from a website of another, different, website to the Andy Criere Professional Surfer Website should be aware that:
No reproduction – in whole or in part – of any of the Content and/or Services of the Website is allowed without the express permission of Andy Criere Professional Surfer.
No false, inaccurate or incorrect statement about the Andy Criere Professional Surfer Website, nor about the Content and/or Services of the Website is allowed.
Except for the hyperlink, the website where such hyperlink is established will not contain any element, of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Andy Criere Professional Surfer .
The establishment of the hyperlink will not imply the existence of a relationship between Andy Criere Professional Surfer and the owner of the website from which it is made, nor the knowledge and acceptance of Andy Criere Professional Surfer of the contents, services and/or activities offered in that website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Andy Criere Professional Surfer by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as of the elements contained in it (by way of illustration and not exhaustive, images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Therefore, the works will be 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. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of Andy Criere Professional Surfer, is expressly prohibited.
In case the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of the intellectual property, he must immediately communicate it to Andy Criere Professional Surfer through the contact details of the section of GENERAL INFORMATION of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Andy Criere Professional Surfer reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and Content, or for the breach of these Conditions.
The relationship between the User and Andy Criere Professional Surfer will 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 will submit their disputes to the ordinary jurisdiction of the judges and courts that correspond in accordance with the law.
Last modification: 29-06-2020.