Terms of use

GENERAL TERMS AND CONDITIONS OF USE FOR THE FLOREALE WEBSITE
 
Floreale, S.L., hereinafter the “Owner”. Tax ID (CIF): B86881851, with address at C/ Eugenio Salazar, 35 - Madrid, and email address info@floreale.es, where you may address any conflicts or requests for information regarding this notice, is the owner of the site www.floreale.es and is responsible for the private client area.
 
The purpose of this website is to provide the general public with information about the products and/or services offered. The information contained on this website is current as of its last update and is to be considered for informational purposes only.
 
TERMS OF USE
 
The user agrees to use this website without engaging in activities that may be considered illicit or illegal, that infringe upon the rights of the Owner or third parties, or that may violate moral standards or network etiquette. Likewise, the user expressly agrees not to perform any of the following activities:
 

• Destroy, alter, disable, or otherwise damage the data, programs, or electronic documents of the Owner or third parties.
• Obstruct access for other users, as well as perform actions that damage, interrupt, or generate errors in the systems.
• Attempt to read, delete, copy, or modify the email messages of other users.
• Use the system to attempt to access restricted areas of the computer systems of the Owner or third parties.
• Attempt to increase a user's privilege level within the system.
• Introduce programs, viruses, macros, exploits, or any other logical device or sequence of characters that cause or are susceptible to causing any type of alteration in the computer systems of the Owner or third parties.

 
It is prohibited, except in cases of express authorization, to establish links or hyperlinks from third-party portals or websites to pages of the Owner’s website, or any that may replace it in the future, as well as to present the Owner’s web pages or the information they contain under frames, trademarks, distinctive signs, or commercial names of another person, company, or entity.
 
In particular, by way of example and not limitation, the use of the website for the following purposes or consequences is strictly prohibited:
 

• When it violates or undermines fundamental rights and freedoms in any way.
• When it introduces, incites, or promotes criminal, denigrating, defamatory, libelous, or violent acts, or, in general, acts contrary to the law, morals, good customs, or public order.
• When protected by any intellectual or industrial property rights belonging to third parties, without prior and express authorization from the legitimate owner.
• When it constitutes illicit, deceptive, or unfair advertising, or unfair competition.
• When the right to honor, personal and family privacy, or personal image is violated.
• When any type of computer virus that may cause unauthorized damage or alteration to the content or systems accessible through the website is disseminated.

 
The Owner reserves the right to exclude the user from the active service, without prior notice, in the event that they engage in any of the above activities and to exercise the legal actions deemed appropriate.
 
In any case, the Owner has no obligation to control the content transmitted, disseminated, or made available to third parties by users, except in cases required by current legislation or when requested by the competent judicial or administrative authority.
 
Any comment, opinion, or statement made within the active services shall belong exclusively to the users who express such opinions and in no case shall it be understood to come from the Owner. The Owner shall remain held harmless and free of charges regarding any claim that may arise from the use of these active services by a user in a manner prohibited by this contract or by law.
 
The types of data collected through forms, newsletter subscriptions, etc., are basic data such as name, address, location, telephone, e-mail, and payment method, which are proportional to the type of services provided and will be governed by the current Data Protection Law, including the exercise of rights.
 
This website is protected by sufficient technical and organizational security measures; data transmission is encrypted for data transactions when necessary.
 
Use of the website grants the status of user. Consequently, prior to using the service, the User must read and accept the General Conditions and the Personal Data Protection Clause to continue using this website, and must expressly accept by submitting their data for the acquisition of products or services by marking the "accept" checkbox in the places on this site that require it.
 
The purpose of this website is to provide clients/users with various content, services, and information about the products and services provided by our entity and third parties.
 
SERVICE QUALITY AND GENERAL SECURITY MEASURES
 
Our entity has adopted the security levels and technical means at its disposal to guarantee the maximum confidentiality of the information and personal data provided when accessing the website. However, the User must be aware that security measures on the Internet are not impregnable. Access to this site does not imply that our entity has total control over immunity from viruses or any other harmful computer element; it is the User's obligation to have appropriate tools in their systems for the detection and, where appropriate, removal of such elements.
 
INTELLECTUAL PROPERTY
 
The intellectual property rights over the Site Domain extend not only to its content and title, but also to its logo, design, images, textures, graphics, and any other content thereof, as well as the code with which it is programmed, all being protected in accordance with Law 21/2014, of November 4, which modifies the consolidated text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of April 12, and Law 1/2000, of January 7, on Civil Procedure, and other current Spanish and international legislation regarding copyright.
 
Likewise, the intellectual property rights and trademarks of third parties that appear on the website are their property and must be respected. The Owner is not responsible for the use that the user may make of them; the user bears sole responsibility for any legal actions that said third parties may take.
 
The owner is not responsible for the use made by clients/users and reserves the rights of reproduction, modification, adaptation, public communication, maintenance, transfer, sale, rental, loan, and any other intellectual property right that may correspond to them over the contents of the website, expressly prohibiting the exercise of the aforementioned rights without the express authorization of the owner. Any exercise of the above rights, regardless of the means or form in which it occurs, requires the prior and express authorization of the Owner. In no case shall the Owner be responsible for possible infringements that any Client/user may commit in matters of intellectual property.
 
All texts and images contained on the website are copyrighted and may not be reproduced, either in whole or in part, without the written authorization of their legal owners.
 
The User acknowledges that they do not hold intellectual and industrial property rights over the graphics, texts, plans, buttons, and, in general, all information contained on the website to which they have access, and that reproduction, loading, presentation, execution, transmission, storage, translation, adaptation, arrangement, or distribution, whether total or partial, carried out without the consent and express authorization of our entity, constitutes an infringement of intellectual and industrial property rights. Our entity does not grant any license or authorization of use of any kind over its industrial and intellectual property rights or over any other property or right related to the website, Services, or Content.
 
You must refrain from reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents, or deleting, evading, or manipulating the copyright and other identifying data of the rights of our company and third parties represented herein. Likewise, you must not use the content or information obtained through this website to send advertising, communications for direct sales purposes, or for any other kind of commercial purpose, unsolicited messages directed at a plurality of persons regardless of their purpose, and must refrain from marketing or disclosing such information in any way.
 
Regarding other current laws, this section shall be governed by the informative section that appears in the legal notice/privacy policies of this website.
 
NOTICE REGARDING THIRD PARTIES
 
The Owner is the legitimate holder or licensee, with the exception of those registered in the name of their collaborators or other companies advertised on said Web, which will, in that case, be registered in the name of the corresponding companies and for which the Owner is not responsible for their legal or registration status. The Owner does not grant any guarantee regarding the lawfulness and legality of the information or the elements contained on the pages of this website when their ownership does not correspond to the Owner or the companies in its group.
 
EXCLUSION OF LIABILITY
 
The Owner rejects any liability derived from the erroneous use of the website's contents or their interpretation and reserves the right to update its content at any time, to delete all or part of it as deemed appropriate, and to limit or prevent access temporarily or permanently. Modification of the Website or its content by persons other than the Owner or authorized personnel is not permitted. Access to this Website and the use of the information contained therein is the sole responsibility of the user. The Owner does not guarantee that the Website or the server are free of computer viruses and is not responsible for damages that may be caused by access to the Site or by the impossibility of accessing it, nor for possible security failures that may occur due to the use of outdated browser versions, nor for consequences derived from the malfunction of the browser or due to malicious action by the user and/or force majeure (service operators and companies, lack of access to third-party networks, hacker attacks, failures produced as a result of natural phenomena, etc.). The user is responsible for having adequate tools for the detection and disinfection of harmful computer programs. The Owner is not responsible for the information contained in third-party website links that appear on this website, nor for their content or errors.
 
Our entity will not be responsible for the information or the products or services offered by third-party sites to which the user may be directed through the links existing on this site. That responsibility and veracity fall upon the owners of the site to which they belong, as well as the damages or losses that may be caused by the use or contracting or purchase of services or products that said sites may offer, as well as possible indemnities, if applicable, or rights inherent to the contracting or purchase. Our entity cannot guarantee and does not guarantee that the links to other places are accurate at the time of access, nor that said sites are operational, and no obligation to update them can be demanded of our entity.
 
Our entity is only responsible for links that lead to different pages within the site or subdomains within the main domain.
 
The owner is not responsible for damages of any nature that may be due to the lack of availability or continuity of the operation of the website and services, and in particular, though not exclusively, to failures in access to the different web pages or to those from which the services are provided.
 
The owner does not guarantee and assumes no liability of any kind for damages of all kinds that may be due to (a) the operation, availability, accessibility, or continuity of linked sites; (b) the maintenance of services, content, information, data, files, products, and any kind of material existing on linked sites; (c) the provision or transmission of services, content, information, data, files, products, and any kind of material existing on linked sites; (d) the quality, legality, reliability, and usefulness of the services, content, information, data, files, products, and any kind of material existing on linked sites.
 
INFORMATION REGARDING MINORS
 
The owner, following Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons, and expanding on what is stated in the following articles.
 
Article 8: Conditions applicable to child consent in relation to information society services.
 
When Article 6(1)(a) (the data subject has given consent to the processing of their personal data for one or more specific purposes) applies in relation to the direct offer of information society services to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.
 2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology. 3. Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation, or effect of a contract in relation to a child.
Therefore, to access offers or surveys sponsored or requested by the Owner or by a third party, the person must be over 14 years of age, unless it is indicated that being of legal age is necessary to participate or enjoy said promotions. The owner will never intentionally collect any information about persons under 18 years of age when said condition is requested, nor from those under 14 when it is not necessary according to current law. If the owner discovers that they have collected personal information about a person under 18 or 14 years of age, as the case may be, said information will be immediately deleted from the database and any possible participation or enjoyment of the promotions will be canceled for all purposes. If the document proving the enjoyment of any of the promotions was sent, and the condition is to be over 18 years of age and the age is verified to be lower, the document and the promotion will be void immediately. If the minor could justify the amount that could have been paid, the money would be returned, excluding the expenses that may have been caused by the action of data falsification.
 
CHANGES AND MODIFICATIONS TO THE CONDITIONS
 
The Owner may, at any time, modify these conditions or introduce new conditions of use, simply by communicating it through the Website.
 
In the event that a regulatory action, legal or administrative measure occurs that, in the reasonable judgment of the Owner, prohibits, substantially restricts, or makes the provision of the service commercially unfeasible, the Owner shall be entitled to: (i) modify the service or the terms and clauses of these conditions in order to adapt to the new situation, (ii) terminate these conditions. The Owner shall be exempt from any liability derived from the actions described in this clause, provided that they publish the modifications on the Website.
 
APPLICABLE LEGISLATION AND JURISDICTION
 
For all litigation or matters concerning this Website, Spanish legislation will be applicable, with the Courts and Tribunals of the locality and/or province where the “Owner” is registered being competent for the resolution of all conflicts derived from or related to the use of this website.
 
PERSONAL DATA PROTECTION
 
By virtue of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons, Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and LSSI-CE 34/2002, of July 11, on Information Society and Electronic Commerce: We inform you that the personal data provided to us through the forms accessible from this website may be included in one or more files, which maintain the necessary conditions to guarantee data security and prevent its alteration, loss, processing, or unauthorized access, according to our activity registration document.
 
RESPONSIBILITY

The responsibility for processing lies with Floreale, S.L.
 
This data may be processed and used for activities inherent to the corporate purpose of the “Site Owner” or those typical of our commercial activity or operation, especially those related to the marketing of products and services, processing of files, and sending of informative or notification notices. Your data will not be used for a purpose other than that for which you requested.
 
DATA OBTAINMENT

Obtaining your data by this means will come to us through the various forms that you, voluntarily, sign up for and accept the different legal notices and consent forms.
 
DATA WE PROCESS ABOUT YOU:

Those you enter in the forms that are necessary to provide the service or information you request from us. If over time you request other services or products that require additional data, these will be requested from you personally or by electronic means; you will be free to provide them, and they will be subject to the same security measures as those provided previously. Regarding the data provided in the second instance, you may also exercise the rights that protect you under this Law.
 
We guarantee that your personal data will only be communicated to third parties to comply with current law, to achieve the purpose requested by you through collaborators or companies necessary to successfully complete the services you requested through this website. Such third parties will not process your data for their own purposes that have not been previously informed by us.
 
DATA RETENTION

Your data will be kept as long as the purpose for which it was collected is maintained; when it is no longer necessary for that purpose, the data necessary to comply with the legality inherent to the purpose or to resolve disputes with other parties will be kept, being three years for information and budget requests and those required by current law for binding contracts and accounting documents that may be produced. Once the legal deadlines have passed, the appropriate measures for its destruction will be taken, as required by current data protection law. All this without prejudice to the fact that said term may be extended when you expressly authorize it or there are particular treatments derived from the contractual relationship that remain in force after said term.
 
LEGITIMATION AND ORIGIN OF DATA

It is based on the mere request, by the affected party, of any type of information or the formalization of the commercial relationship for the acquisition of products and/or services, for the execution of a contract, or the subscription to receive commercial communications or reports of interest requested by you.
 
In the event that the data provided refers to natural persons other than the applicant, the latter must declare that they have informed and obtained the prior consent of those persons for the processing of their data in accordance with the purposes provided in these clauses. In the specific case of minors, if the applicant is not the legal representative of the minor, they undertake to obtain the express consent of the latter.
 
You, as the client/user and owner of the data, may exercise your rights of access, rectification, deletion, opposition, limitation of processing, as well as the portability of your personal data, or withdraw the consent previously given, by sending a letter to the email floreale@floreale.es or to: FLOREALE - Carretera de Húmera 87, 28224 Pozuelo De Alarcon, (Madrid), attaching a copy of your National Identity Document and informing of the right you wish to exercise.
 
Right of Access.
You have the right for FLOREALE, S.L. to inform you whether or not it is processing your personal data and, if so, to be able to access said data and receive information about the purposes for which they are processed, the categories of data affected by the processing, the recipients to whom your personal data were communicated, and the expected period of data retention, among other information.
 
Right of Rectification and Deletion.
You have the right to request the deletion of personal data provided that the applicable legal requirements are met, and the rectification of inaccurate data concerning you when, among other reasons, they are no longer necessary for the purposes for which they were collected.
 
Limitation of processing, revocation of consent, and total or partial opposition to processing.
You can request the limitation of the processing of your personal data. There are certain occasions in which the applicant, for example, can challenge the accuracy of their data, and while their accuracy is verified, they will only be processed for the exercise or defense of claims. You also have the right to revoke the consent given and to oppose the processing at any time, for reasons related to your particular situation, in case the processing is based on our legitimate interest or the legitimate interest of a third party. In this case, Floreale, S.L. will cease processing, unless legitimate reasons are proven.
 
Portability of your data.
You have the right to receive the personal data that you have provided to Floreale, S.L., in a structured, common, and machine-readable format, and to be able to transmit them to another controller without the controller to whom you provided them preventing you from doing so, in the cases legally provided for these purposes.
 
Automated individual decisions.
Similarly, in the event that automated decisions are made, including profiling, you have the right to obtain human intervention on the part of Floreale, S.L., and to express your point of view and to challenge the decision, through the email floreale@floreale.es.
 
USER GUARANTEES

The user guarantees that the data they provide to us through this Website are truthful and will keep the information they provide updated so that it corresponds to their current situation, being solely responsible for possible falsehoods in the data or inaccuracies; likewise, for this reason, they will be solely responsible for the damages caused to www.floreale.es or to third parties.
 
Likewise, in accordance with Law 34/2002 on Information Society and Electronic Commerce Services, you give your express consent to receive commercial communications by email, being able to revoke it at any time by sending an email with the Subject “Unsubscribe” to floreale@floreale.es.
 
NOTIFICATION OF CHANGES

If in the future there are changes in our privacy practices and/or policy that could affect your personally identifiable data, we will communicate the relevant changes through a notice on this website.
 
Likewise, as a user, you must notify us of any modification that occurs in the data you have provided to us, answering in any case for their truthfulness and accuracy at all times.
 
DATA PROTECTION SECURITY MEASURES

Your data will be treated confidentially, maintaining the mandatory duty of secrecy regarding them, in accordance with the provisions of current legislation, for which the necessary technical and organizational measures have been adopted to guarantee the security of your data and avoid its alteration, loss, processing, or unauthorized access. Taking into account the state of technology, the nature of the stored data, and the risks to which they are exposed, in the event that theft, attack, or other vulnerabilities occur, you and the competent body will be informed within 72 hours of the event.
 
DATA PROTECTION OFFICER (DPO)

Our entity determines not to appoint a DPO as it considers that your rights will be duly addressed with the protocols we have adopted in our Activity Registry document. Your complaints or queries regarding your data will be addressed within one month, according to the deadline set by law. Our entity is not under the obligation to do so as it does not fall within the cases provided for in art. 37.1 of the GDPR 2016/679 nor among the entities obligated to appoint one, in art. 34.1 of the LOPDGDD 3/2018 of December 5.
 
CONTACT WITH OUR ENTITY

The data you provide us through the email address that appears as a contact address on the Website or through the contact telephone numbers will be used so that we can contact you and resolve any issue you raise; in no case, unless you previously authorize us, will they be used for other purposes. Subsequently, they will be deleted from our database.
 
CONTROL AUTHORITY

You have the right to file a query or complaint with the relevant control authority; at the state level, it corresponds to the Spanish Data Protection Agency (AEPD) C/ Jorge Juan Nº6 – 28001 – Madrid 912663517 www.agpd.es. If your Autonomous Community has created its Agency in this regard, you may exercise your right before it.