Legal notice

1) LEGAL INFORMATION AND ACCEPTANCE

This legal notice regulates the use of the website HTTPS://WWW.LAMENARA.ES/ (hereinafter, THE WEBSITE), owned by LA MENARA JARDINERÍA Y PAISAJISMO S.L. (hereinafter, THE WEBSITE OWNER).

The WEBSITE OWNER, in compliance with Law 34/2002, of 11 July, on information society services and electronic commerce, informs you that:

• Company Name: LA MENARA JARDINERÍA Y PAISAJISMO S.L.
• Commecial name: LA MENARA LANDSCAPE DESIGN
• VAT NUMBER: B93005734
• Fiscal Address: CALLE MAINAKE No 7 , SAN PEDRO DE ALCANTARA, (MALAGA) , C.P. 29670.
• Registration information: MALAGA, TOMO 4653, FOLIO 110, LIBRO 3561, HOJAMA-101712
  
  
• Telephone number: 951 548 175
• Email address: INFO@LAMENARA.ES
  All notifications and communications between users and the WEBSITE OWNER shall be considered effective, for all purposes, when made by post or any other means detailed above. 2) USERS.
• Accessing and/or using this portal belonging to the WEBSITE OWNER, creator of the site, confers the status of USER, who accepts, from the moment of said access and/or use, the General Conditions of Use set out herein. The aforementioned Conditions shall apply regardless of any General Contracting Conditions that may be mandatory.

3) USE OF THE PORTAL.

The website and its services are freely accessible and free of charge. However, the WEBSITE OWNER conditions the use of some of the services offered on its website on the prior completion of the corresponding form to become a user of the portal.

The user guarantees the authenticity and accuracy of all data communicated to the WEBSITE OWNER and shall be solely responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the content and services of the WEBSITE OWNER and not to use them for, among other things:

1. Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, supportive of terrorism or, in general, contrary to the law or public order.
2. Introducing computer viruses into the network, or performing actions that may alter, damage, interrupt or generate errors or damage to the electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties; as well as hindering other users' access to the website and its services through the massive consumption of the computer resources through which the WEBSITE OWNER provides its services.
3. Attempting to access other users' email accounts or restricted areas of the WEBSITE OWNER's or third parties' computer systems and, where applicable, extracting information.
4. Infringing intellectual or industrial property rights, as well as violating the confidentiality of information belonging to the WEBSITE OWNER or third parties.
5. Impersonating another user, public administrations or a third party.
6. Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the content, unless authorised by the owner of the corresponding rights or it is legally permitted.
7. Collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without your prior request or consent.

4) PRIVACY POLICY.

The WEBSITE OWNER wishes to inform users and customers of its website of the policy implemented with regard to the processing and protection of personal data of those who voluntarily use the contact forms to contact the WEBSITE OWNER, as well as access to its own website, which involves the communication of their personal data to the WEBSITE OWNER.

A.- Identification of the data controller.

The WEBSITE OWNER, with Tax ID number B93005734, informs users and customers of its website of the existence of an automated personal data activity log called CUSTOMERS, where the personal data that users and customers provide are collected and stored in order to manage their requests.

B.- Updating policies.

The WEBSITE OWNER will modify this privacy policy without prior notice whenever necessary to adapt it to any legislative, regulatory, jurisprudential or administrative changes, or for the purpose of adapting said policy to the instructions issued by the Data Protection Agency or the legitimate purpose of any modification of this policy. notwithstanding the foregoing, it will be published and notified on the WEBSITE OWNER's website.

For all of the above reasons, the WEBSITE OWNER recommends that users periodically review these policies in order to be aware of any changes that may be made to them.

C.- Purpose of the Activity Log.

The WEBSITE OWNER does not request data from Internet users who visit its website, except for purely identifying data. Therefore, the communication of personal data by the user to the WEBSITE OWNER through its website can only be understood to take place when they voluntarily use the contact form service or other means of communication to contact the WEBSITE OWNER, given that in these cases the processing of data is inevitable and implicit in the communication system. For these cases and those described in the following section, the entity informs the customer that the data is processed for the following purposes: To carry out all procedures related to the preparation of quotes, contracting and provision of services by the WEBSITE OWNER to the company to which it belongs or, where applicable, to the interested party who requests it. As well as attending to and responding to communications received and those for commercial prospecting in order to keep users informed of any promotions.

D.- Consent.

Se informa que, cuando el usuario no mantenga relaciones comerciales con el PROPIETARIO DE LA WEB, y realice el envío de un correo electrónico o una comunicación al PROPIETARIO DE LA WEB, indicando otros datos personales, dicho usuario estará dando su consentimiento libre, inequívoco, específico, informado y expreso para el tratamiento de sus datos personales por el PROPIETARIO DE LA WEB, con las finalidades establecidas anteriormente, así como atender su comunicación o enviar documentación.

 

E.- Identification of the recipients to whom the WEBSITE OWNER intends to transfer or grant access to data on behalf of third parties.

The WEBSITE OWNER only plans to transfer or communicate data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (hereinafter GDPR) in order to fulfil its obligations to public administrations, bodies or persons directly related to the WEBSITE OWNER, in cases where this is required in accordance with the legislation in force in each area and at each time, or in cases where express consent has been given.

Similarly, the WEBSITE OWNER informs the user that any other transfer of data that must be carried out will be brought to their attention when required by the GDPR, informing them expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or, where applicable, when the GDPR so establishes, prior to the transfer, the user's specific, informed and unequivocal consent will be requested in advance.

However, the WEBSITE OWNER informs users and customers that any processing of personal data is subject to current Spanish legislation on data protection, established by the GDPR and its complementary and implementing regulations. In this regard, the WEBSITE OWNER is solely responsible for and guarantees the confidentiality of the personal data requested from users through the website.

F.- Data quality.

The WEBSITE OWNER warns users that, unless they are legally authorised to do so, no user may use the identity of another person or communicate their personal data. Users must therefore bear in mind at all times that they may only include personal data corresponding to their own identity and that such data must be appropriate, relevant, current, accurate and true. To this end, users shall be solely liable for any direct and/or indirect damage caused to third parties or to the WEBSITE OWNER through the use of another person's personal data, or their own personal data when it is false, erroneous, out of date, inappropriate or irrelevant. Similarly, users who use the personal data of a third party will be liable to that party for the obligation to provide information established in the GDPR when the personal data has not been collected from the data subject themselves, and/or for the consequences of not having informed them.

G.- Exercising the rights of access, rectification, limitation of processing, portability, cancellation, opposition to processing and deletion of data.

The WEBSITE OWNER informs users of their right to access, rectify, restrict the processing of, transfer, oppose the processing of, and delete their data, as well as their right to lodge a complaint with the Supervisory Authority by writing to the WEBSITE OWNER at the following address: CALLE MAINAKE No 7 or by email to INFO@ LAMENARA.ES, attaching in both cases their ID card or identity card.

H.- Use of forms for collecting personal data.

In the contact forms on the website, where personal data is collected, the user must expressly consent, prior to sending the data, to the acceptance and acknowledgement of the privacy policy by ticking the box ‘I have read and accept the privacy policy’, the content of which can be accessed via the link provided in this legal notice. If the checkbox is not ticked by the user, the data contained in these forms will not be sent.

I.- Security measures adopted in relation to the processing of personal data.

The WEBSITE OWNER informs the user that, in accordance with the provisions of the GDPR, it has adopted the necessary technical and organisational measures to guarantee the security of personal data and prevent alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which it is exposed. Likewise, the WEBSITE OWNER guarantees users compliance with the duty of professional secrecy regarding users' personal data and the duty to store it.

More information about privacy policy.

If you would like more information about our privacy policy, please click on the following link on our website.

5) INTELLECTUAL AND INDUSTRIAL PROPERTY.

Under the provisions of current legislation regulating intellectual property, the reproduction, distribution and public communication, including making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the OWNER OF

THE WEBSITE. All content on the website constitutes a work owned by the WEBSITE OWNER, and none of the exploitation rights over said content may be understood to have been transferred to the user beyond what is strictly necessary for the proper use of the website.

In short, users who access this website may view the content and, where appropriate, make authorised private copies provided that the reproduced elements are not subsequently transferred to third parties, installed on servers connected to networks, or used for any kind of commercial exploitation.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the WEBSITE OWNER, and it cannot be understood that the use or access to the website gives the user any rights over them.

The establishment of a hyperlink does not imply in any case the existence of a relationship between the WEBSITE OWNER and the owner of the website on which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those who intend to establish a hyperlink must first request authorisation in writing from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home page of our website, and you must refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or including content that is illegal, contrary to good customs and public order. The WEBSITE OWNER is not responsible for the use that each user makes of the materials made available on this website or for the actions they take based on them.

6) DISCLAIMER OF WARRANTIES AND LIABILITY.

The content of this website is of a general nature and is for informational purposes only. Access to all content is not fully guaranteed, nor is its completeness, accuracy, validity, or currency, nor its suitability or usefulness for a specific purpose.

The WEBSITE OWNER excludes, to the extent permitted by law, any liability for damages of any kind arising from:

1. The inability to access the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of faults and defects of any kind in the content transmitted, disseminated, stored, made available or accessed through the website or the services offered.
2. The presence of viruses or other elements in the content that may cause alterations to computer systems, electronic documents or user data.
3. Breach of laws, good faith, public order, traffic usage and this legal notice as a result of incorrect use of the website. In particular,

by way of example, the WEBSITE OWNER shall not be liable for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, rights to honour, personal and family privacy and image rights, as well as regulations on unfair competition and illegal advertising.

7) MODIFICATION OF THESE TERMS AND CONDITIONS AND DURATION.

The WEBSITE OWNER may modify the conditions set forth herein at any time, duly publishing them as they appear here. The validity of the aforementioned conditions will depend on their publication and will remain in force until they are modified by others duly published.

8) ENLACES.

The WEBSITE OWNER declines any responsibility for information found outside this website and not directly managed by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources that may expand on the content offered by this website. The WEBSITE OWNER does not guarantee or take responsibility for the functioning or accessibility of the linked sites. Nor does it suggest, invite or recommend visiting them, and therefore it will not be responsible for the results obtained. The WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.

9) RIGHT OF EXCLUSION.

The WEBSITE OWNER reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use of the Portal.

10) GENERAL INFORMATION.

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the WEBSITE OWNER, duly identifying themselves, specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.

12) APPLICABLE LAW AND JURISDICTION.

These conditions shall be governed by and interpreted in accordance with Spanish law in matters not expressly established herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the user's domicile.

In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other jurisdiction and submit to the Courts and Tribunals of the domicile of the WEBSITE OWNER.