LEGAL NOTICE AND GENERAL WEBSITE SERVICE CONDITIONS
I. GENERAL INFORMATION
In compliance with the duty to provide information set forth in Law 34/2002 on Services of the Information Society and Electronic Trade (Ley de Servicios de la Sociedad de la Información y el Comercio Electrónico – LSSI-CE) dated 11 July, the general information data of this website are provided here below:
The ownership of this website, www.jgphotostore.com, (hereinafter “Website”) is held by: CARBON CAT CONSULTING SL, with Fiscal ID Number (NIF) B86457280 and duly registered at the Madrid Business Registry (Registro Mercantil de Madrid) with the following record data: Item 10/1/416 Page 63 Date 30/04/2012, whose representative is Jorge García Rodríguez, and whose contact information is:
Calle Dr. Torres Feced 20 – 25
28770 Colmenar Viejo
Contact phone number: 91 7722676
Contact e-mail: firstname.lastname@example.org
II. GENERAL TERMS AND CONDITIONS OF SERVICE
Purpose of the conditions: The Website
The purpose of these General Service Conditions (hereinafter, “Conditions”) is to regulate access to and use of the Website. For the purposes of these Conditions, Website is understood as: the external appearance of the screen interfaces, both in static and in dynamic form, that is, the navigation tree; and all elements integrated both in the screen interfaces as well as in the navigation tree (hereinafter, “Contents”), and all those online services or resources which may be offered to the Users (hereinafter, “Services”).
JG Photo Store reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that JG Photo Store may at any time interrupt, disable and/or cancel any of these elements that are integrated in the Website, or access thereto.
Besides the connection cost through the telecommunications network furnished by the access provider and contracted by the User, some of the Contents or Services offered by JG Photo Store or, when applicable, third parties through the Website, may be subject to prior engagement of the Contents or service, in which case it will be clearly specified, and/or the User will have the corresponding General or Particular Conditions governing them at his/her disposal.
The use of any of the Website’s Contents or Services may be carried out via prior subscription or registration by the User.
Access, browsing and use of the Website, as well as of the spaces enable for interaction among Users, and the Users and JG Photo Store, along with the comments and/or blogging spaces, confer the condition of User, and therefore, as of starting to browse through the Website, all the Conditions set forth herein are accepted, as well as subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as warranted. In view of the relevance of the foregoing, the User is advised to read them each time he/she visits the Website.
The JG Photo Store Website provides a wide variety of information, services and data. The User assumes his/her responsibility to ensure a correct use of the Website. This responsibility will be also applicable to:
- The use of the information, Contents and/or Services and data offered by JG Photo Store provided it is not contrary to the provisions set forth in these Conditions, the Law, the morale or the public order, or which otherwise may imply harming third-party rights or the operation of the Website.
- The veracity and lawfulness of the information provided by the User in the forms furnished by JG Photo Store for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify JG Photo Store about any event that allows the improper use of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, to proceed to their immediate cancellation.
JG Photo Store reserves the right to remove all comments and contributions that violate the law, the respect for individual dignity, that are discriminatory, xenophobic, racist, pornographic, spam, that endanger youngsters or infants, public order or security, or which, at its sole judgment, are not appropriate for being posted.
In any case, JG Photo Store will not be responsible for the opinions given by the Users via comments or other blogging or participation tools that may be available.
Simply accessing this Website does not entail the establishment of any kind of business relation between JG Photo Store and the User.
Always respecting the legislation in force, this JG Photo Store Website is intended for all individuals, regardless of their age, who may access and/or browse the Website’s pages.
III. WEBSITE ACCESS AND BROWSING: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
JG Photo Store does not guarantee the continuity, availability and usefulness of the Website, nor those of the Contents or Services. JG Photo Store will make every endeavor to ensure the proper operation of the Website; however, it shall not be liable and does not guarantee that access to this Website will not be interrupted or is error-free.
JG Photo Store shall not be liable and does not guarantee that the contents or software which may be accessed through this Website are error-free or may cause damages to the User’s computer system (software and hardware). Under no circumstances will JG Photo Store be held liable for losses or damages of any kind arising due to accessing, browsing or using the Website, including, but not limited to, those caused to the computer systems or those caused by the introduction of viruses.
JG Photo Store shall not be liable for damages that could be caused to the users because of an inappropriate use of this Website. Particularly, it shall not be held liable in any manner whatsoever for crashes, interruptions, failures or defects in telecommunications which may take place.
IV. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions set forth in the legislation in force, JG Photo Store undertakes to adopt the necessary technical and organizational measures, according to the appropriate security level for the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council, dated 27 April 2016, on the protection of natural persons regarding the processing of personal data and the free movement of these data (GDPR).
- Organic Law 15/1999 dated 13 December, on the Protection of Personal Data (Protección de Datos de Carácter Personal – LOPD).
- Royal Decree 1720/2007 dated 21 December, whereby approval is granted to the Rules for the development of Organic Law 15/1999 dated 13 December, on the Protection of Personal Data (Protección de Datos de Carácter Personal – RDLOPD).
- Law 34/2002 dated 11 July, on Services of the Information Society and Electronic Trade (Servicios de la Sociedad de la Información y de Comercio Electrónico – LSSI-CE).
Identity of the party responsible for processing personal data
The party responsible for processing personal data collected at JG Photo Store is: CARBON CAT CONSULTING SL, with Fiscal ID Number (NIF) B86457280 and duly registered at the Madrid Business Registry (Registro Mercantil de Madrid) with the following record data: Item 10/1/416 Page 63 Date 30/04/2012, whose representative is Jorge García Rodríguez (hereinafter, also the “Controller”). His contact information is the following:
Calle Dr. Torres Feced 20 – 25
28770 Colmenar Viejo
Contact phone number: 91 7722676
Contact e-mail: email@example.com
Personal Data Recording
Personal data collected by JG Photo Store via the forms made available in its pages will be entered into an automated file under the responsibility of the Controller, and duly declared and registered before the General Registry of the Data Protection Agency (Registro General de la Agencia de Protección de Datos) which may be queried at the website of the Spanish Data Protection Agency (Agencia Española de Protección de Datos) at http://www.agpd.es, with the purpose of facilitating, streamlining and complying with the commitments undertaken between JG Photo Store and the User or in the maintenance of the relationship set forth in the forms completed by the latter, or to address a request or inquiry made by the User.
Principles applicable to the processing of personal data
Processing of Users’ personal data shall be subject to the principles gathered in article 5 of the GDPR:
- Lawfulness, fairness and transparency principle: User consent will always be required after providing fully transparent information regarding the purposes for which personal data are collected.
- Purpose limitation principle: Personal data will be collected for specific, explicit and legitimate purposes.
- Data minimization principle: Personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: Personal data must be accurate and must always be up to date.
- Principle on the limitation of the term of their conservation: Personal data shall only be kept in a form which permits the identification of the User during the time needed for the purposes for which they are processed.
- Integrity and confidentiality principle: Personal data will be processed in a manner that ensures their security and confidentiality.
- Proactive responsibility principle: The Controller shall be responsible for ensuring that the above principles are complied with.
Personal data categories
The data categories processed at JG Photo Store are only identifier data. Special categories of personal data as referred to in article 9 of the GDPR will not be processed in any case.
Legal ground for the processing of personal data
The legal ground for the processing of personal data is consent. JG Photo Store undertakes to obtain the explicit and verifiable consent of the User for processing his/her personal data for one or several specific purposes.
The User will have the right to withdraw his/her consent at any time. It will be equally easy to withdraw the consent as it is to give it. As general rule, withdrawing consent will not condition the use of the Website.
Whenever the User should or may provide his/her data via forms to submit queries, ask for information or because of reasons related to the Website contents, he/she will be informed in case he/she must complete any mandatory data because these are indispensable for the correct outcome of the operation performed.
Purpose for the processing of personal data
Personal data are collected and managed by JG Photo Store with the purpose of facilitating, streamlining and fulfilling the commitments agreed between the Website and the User or for maintaining the relationship established in the forms completed by the latter, or to address a request or a query.
Likewise, data may be used for a commercial purpose of customization, for operational and statistical purposes, and for activities pertinent to the corporate purpose of JG Photo Store, as well as for the extraction and storage of data and marketing surveys to adjust the Contents offered to the User, as well as to improve the quality, operation and browsing through the Website.
Whenever personal data are obtained, the User will be informed about the specific purpose or purposes of the personal data processing; that is, the use or uses to be given to the collected information.
Personal data retention periods
Personal data will only be retained for the minimum time needed for the purposes of their processing and, in any case, only for the following time: 2 years, or until the User requests their erasure.
Whenever personal data are obtained, the User will be informed about the time during which his/her personal data will be kept, or, whenever possible, the criteria used to determine said term.
Personal data recipients
Users’ personal data will not be shared with third parties.
In any case, whenever personal data are obtained, the User will be informed about the recipients or the categories of the recipients of the personal data.
Personal data of minors
Respecting the provisions set forth in article 8 of the GDPR and article 13 of the RDLOPD, only individuals over 14 years old may grant their consent for the lawful processing of their personal data by JG Photo Store. If the individual is younger than 14 years old, his/her parents or guardians’ consent will be needed for processing his/her data, and the processing will only be considered lawful provided it has been authorized by said parents or guardians.
Personal data secrecy and security
JG Photo Store undertakes to adopt the necessary technical and organizational measures, depending on the appropriate security level for the risk of the collected data, to ensure the security of the personal data and to prevent the destruction, loss or accidental or unlawful alteration of the personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of, or access to, said data.
The Website has an SSL (Secure Socket Layer) certificate that ensures that personal data are transmitted in a secure and confidential manner, since the data transmission between the server and the User, and the feedback, is fully ciphered or encrypted.
Nevertheless, since JG Photo Store cannot guarantee the impregnability of the internet nor the total absence of hackers or others who may fraudulently access the personal data, the Controller undertakes inform the User without undue delay whenever a breach of the personal data security takes place and may probably entail a high risk for the rights and liberties of the physical individuals. Following the provisions set forth in article 4 of the GDPR, a personal data breach means a breach of security leading to the accidental or unlawful destruction, loss or alteration of the personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of, or access to, said data.
Personal data will be treated as confidential by the Controller, who undertakes to inform about and guarantee by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any other person to whom access to the information may be made available.
Rights arising from the processing of personal data
The User has the following rights, recognized in the GDPR, before JG Photo Store, and may therefore exercise them before the Controller:
- Right of access: It is the right of the User to obtain confirmation as to whether JG Photo Store is processing his/her personal data and, if it is, to obtain information about his/her specific personal data and the processing made or to be made by JG Photo Store, as well as, among others, about the information available regarding the origin of such data and the recipients of the disclosures made or expected to be made.
- Right to rectification: It is the right of the User to have his personal data modified whenever they are inaccurate or, considering the purposes of the processing, whenever they are incomplete.
- Right to erasure (“right to be forgotten”): It is the right of the User, as long as the legislation in force does not provide otherwise, to obtain the erasure of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; when the User has withdrawn his/her consent for the processing and it does not have another legal ground; when the User is opposed to the processing and there is no other legitimate reason to carry on with it; when personal data have been unlawfully processed; when personal data should be erased in compliance with a legal obligation; or when personal data have been obtained as the result of a direct offer of services by the information society to a minor under 14 years old. Besides erasing the data, the Controller, considering the available technology and the cost of its application, shall adopt reasonable measures to inform those responsible who are processing the personal data about the interested party’s request to erase any link to those personal data.
- Right to restriction of processing: It is the right of the User to restrict the processing of his personal data. The User has the right to obtain the restriction of processing when he/she has contested the accuracy of his/her personal data; when the processing is unlawful; when the Controller no longer needs the personal data, but the User needs them to file claims; and when the User has opposed to the processing.
- Right to data portability: If the processing is carried out by automated means, the User shall have the right to receive his/her personal data from the Controller in a structured, commonly used and machine-readable format and have the right to transmit those data to another Controller. Whenever it’s technically possible, the Controller shall transmit the data directly to such other controller.
- Right to object: It is the right of the User to object to the processing of his/her personal data or to demand that their processing be stopped by JG Photo Store.
- Right to not be subject to a decision solely based on automated processing, including profiling: It is the right of the User not to be subject to an existing decision based solely on automated processing, including profiling, unless otherwise provided by the legislation in force.
Hence, the User may exercise his/her rights by means of written communications addressed to the Controller with the reference “GDPR-www.jgphotostore.com”, specifying:
- The User’s surname(s), last name(s) and a copy of his/her Identification Document. Whenever representation is admitted, the identification of the person representing the User will also be necessary via the same means, as well as the document accrediting the representation. The photocopy of the Identification Document may be substituted by any other legally valid method to accredit the identity.
- Petition, with the specific motives for the request or information to which access is sought.
- Address for notice purposes.
- Date and petitioner’s signature.
- Any documents accrediting the petition being made.
This request any other attached document may be sent to the following address and/or e-mail:
Calle Dr. Torres Feced 20 – 25
28770 Colmenar Viejo
Links to third-party websites
The Website may include hyperlinks or links enabling access to third-party websites other than those of JG Photo Store, and which are therefore not operated by JG Photo Store. The owners of such websites will have their own data protection policies, and they will be, in each case, solely responsible for their own files and their own privacy practices.
Claims before control authorities
If the User believes there is a problem or a violation of the regulations in force regarding the way in which his/her personal data are being processed, he/she will be entitled to effective legal protection and to file a claim before a control authority, particularly, in the State where he/she has his/her usual residence, workplace, or place of the alleged violation. In the case of Spain, the control authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos) (http://www.agpd.es).
Cookies are automatic information collection procedures related to the preferences determined by the User during his/her visit to the Website aimed at recognizing him/her as a User, and at customizing his/her experience and the use of the Website, and they may also, for instance, help to identify and solve errors.
Information collected through cookies may include the date and time of the visits to the Website, pages viewed, the time spent in the Website and the places visited just before and after it. However, no cookie allows for it to contact the User’s phone number or any other means of personal contact. No cookie may extract information from the User’s hard drive or steal personal information. The only way in which the User’s private information may be part of the Cookie file is if the user personally provides that information to the server.
These are the cookies that are sent to the User’s computer or device and exclusively managed by JG Photo Store to improve the performance of the Website. The collected information is used to improve the quality of the Website and its Contents, and your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and adjust the contents to offer contents tailored to his/her preferences.
The entity or entities in charge of supplying the cookies may release this information to third parties, if required by law or if a third party processes this information for such entities.
Social media cookies
JG Photo Store incorporates social media plugins, which enable access to them from the Website. For this reason, social media cookies may be stored in the User’s browser. The owners of such social media have their own data protection and cookie policies, and in every case, each one of them is responsible for their files and their own privacy practices. The User should refer to them to obtain information about those cookies and, when applicable, about the processing of their personal data. For informational purposes only, the links where those privacy and/or cookie policies may be found are provided here below:
Disable, reject and delete cookies
VI. LINKING POLICY
It is hereby informed that the JG Photo Store Website provides or may provide the Users with linkages (such as, among others, links, banners, buttons, directories and search engines) which allow the Users to access websites owned and/or managed by third parties.
The purpose for the installation of these links, directories and search engines in the Website is to make it easier for the Users to search for and gain access to information available on the internet, and this may not be considered as a suggestion, recommendation or invitation to visit such sites.
JG Photo Store does not offer or market, by itself or through third parties, the products and/or services available in such linked sites.
Likewise, JG Photo Store will not guarantee the technical availability, accuracy, veracity, validity or legality of third-party sites to which access may be gained through the links.
Under no circumstances will JG Photo Store review or control the contents of other websites, and it does not approve, examine nor claims as its own any of the products and services, contents, files and any other materials found in the referenced linked sites.
JG Photo Store is not liable in any manner whatsoever for damages that could arise because of the access, use, quality or lawfulness of the contents, communications, opinions, products and services of websites not managed by JG Photo Store and linked in this Website.
The User or third party who follows a hyperlink from a different, third party website, to the JG Photo Store Website, must know that:
Reproduction -in total or in part- of any of the Contents and/or Services of the Website, without the explicit authorization of JG Photo Store, is not permitted.
Any false, inaccurate or incorrect statement about the JG Photo Store Website, or about its Contents and/or Services, is not permitted.
Except for the hyperlink, the website where such hyperlink is found will not contain any elements of this Website which are protected as intellectual property pursuant to the Spanish legal system, unless explicitly authorized by JG Photo Store.
The inclusion of a hyperlink will not imply the existence of any relation between JG Photo Store and the owner of the website from which it is made, nor the knowledge and acceptance by JG Photo Store of the contents, services and/or activities offered in such website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
JG Photo Store, on its own or as the transferee, is the titleholder of the intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of the materials used, computer programs necessary for its operation, access and use, etc.). Therefore, they will be works protected as intellectual property by the Spanish legal system, subject to both Spanish and European Community regulations on this matter, such as international treaties on the subject signed by Spain.
All rights reserved. Pursuant to the provisions set forth in the Intellectual Property Law, the reproduction, distribution and public disclosure of all or part of the contents of this website -including its modality of being made available- for commercial purposes, in any medium and by any technical means, without the authorization of JG Photo Store, are explicitly prohibited.
The User undertakes to respect the intellectual and industrial property rights of JG Photo Store. He/she may view the elements of the Website or even print, copy and store them in his/her computer’s hard drive or in any other physical medium, provided they are exclusively for his/her personal use. The User, however, may not erase, alter or manipulate any protective device or security system installed in the Website.
If the User or a third party believes that any of the Contents of the Website entails a violation of intellectual property protection rights, he/she shall immediately notify JG Photo Store via the contact information provided in the GENERAL INFORMATION section of this Legal Notice and General Service Conditions.
VIII. LEGAL ACTIONS, GOVERNING LAW AND JURISDICTION
JG Photo Store reserves the right to file the civil or criminal actions it may deem necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and JG Photo Store will be governed by the regulations in force and applicable in the Spanish territory. If any controversy were to arise in relation to the interpretation and/or the application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the corresponding judges and tribunals in accordance with the law.
Latest modification: 31 May 2018