LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.bybarone.com

I. GENERAL INFO

In compliance with the duty of information provided for in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided

The ownership of this website, www.bybarone.com, (from now on Website) is held by it: Barone Corp S.A, and whose contact details are

Address:           

10217 NW 10th

Miami,  

33172 Florida;           

USA. 

Contact email: [email protected]

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter referred to as “Conditions”) is to regulate access to and use of the Website. For the purposes of these Conditions, the Web Site shall be understood to be: the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all the elements integrated into both the screen interfaces and the navigation tree (hereinafter, Content) and all those services or online resources that it offers to Users (hereinafter, Services).

BY BARONE reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Web Site and the Content and Services that may be incorporated therein. The User recognizes and accepts that at any time BY BARONE can interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or the access to them.

The access to the Web Site by the User is free and, as a general rule, is free of charge 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.

The User

The access, the navigation and the use of the Web Site, as well as for the spaces enabled to interact between the Users, and the User and BY BARONE, such as the comments and/or blogging spaces, confers the condition of User, so that all the Conditions established here, as well as their later modifications, are accepted from the beginning of the navigation through the Web Site, without prejudice to the application of the corresponding legal regulation of obligatory fulfilment 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 BY BARONE Website provides a wide range of information, services and data. The User assumes his 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 BY BARONE without being contrary to the provisions of these Conditions, the Law, the moral or the public order, or that in any other way could suppose damage to the rights of third parties or to the same operation of the Web Site.

– The veracity and legality of the information provided by the User in the forms extended by BY BARONE for the access to certain Contents or Services offered by the Web Site. In any case, the User will immediately notify BY BARONE about any fact that allows the improper use of the information registered in those forms, such as, but not only, the theft, loss, or the non authorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

BY BARONE reserves the right to withdraw all those comments and contributions that violate the law, the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attempt against the youth or the childhood, the order or the public safety or that, in its opinion, were not suitable for its publication.

In any case, BY BARONE will not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist.

The mere access to this Web Site does not imply any kind of commercial relationship between BY BARONE and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms. Therefore, this BY BARONE Web Site is not directed to minors. BY BARONE disclaims any liability for failure to comply with this requirement.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY.

BY BARONE does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. BY BARONE will do its best to ensure the proper functioning of the Web Site, however, BY BARONE is not responsible for and does not guarantee that access to this Web Site will not be uninterrupted or error-free.

Nor does it take responsibility or guarantee that the content or software that can be accessed through this Web Site is free from error or causes damage to the User’s computer system (software and hardware). In no event shall BY BARONE be liable for any loss, damage or injury of any kind arising out of access, browsing and use of the Web Site, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

BY BARONE is also not responsible for any damage that may be caused to users by the improper use of this Web Site. 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

Respecting the established in the current legislation, BY BARONE commits itself to adopt the necessary technical and organizational measures, according to the level of security adapted to the risk of the collected data.

Laws incorporated in this privacy policy

This privacy policy is adapted to the Spanish, the United States, and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

– 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).

– The Organic Law 3/2018 of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).

– The Royal Decree 1720/2007, of December 21, which approves the Regulation of development of the Organic Law 15/1999, of December 13, 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 person responsible for processing the personal data

The person in charge of the processing of the personal data collected at BY BARONE is: Liliana Rojas de Alterio, with NIF: Y7292966W (from now on also the person in charge of the processing). Her contact details are as follows:

Address:           

Av. Juan Pablo II 38   

28860 Madrid;           

Spain. 

Contact phone number: +1 786-600-1351

Contact email: [email protected]

Registration of Personal Data

In compliance with the established in the RGPD and the LOPD-GDD, we inform you that the personal data collected by BY BARONE through the forms extended in its pages will be incorporated and treated in our files with the purpose of facilitating, speeding up and fulfilling the commitments established between BY BARONE and the User or the maintenance of the relationship established in the forms that the User fills in, or to attend 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 is applicable, 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.

– Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.

– Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.

– Accuracy principle: personal data must be accurate and always updated.

– Principle of limitation of conservation period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of processing.

– Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.

– Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed in BY BARONE are only identifying data. In no case, special categories of personal data within the meaning of article 9 of the RGPD are processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. BY BARONE undertakes to obtain the User’s express and verifiable consent to the processing of his/her personal data for one or more specific purposes.

The User shall have the right to withdraw his/her 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.

Purposes of the treatment to which the personal data are destined

The personal data are collected and managed by BY BARONE with the purpose of facilitating, speeding up and fulfilling the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to attend a request or consultation.

Likewise, the data may be used with a commercial purpose of personalization, operative and statistical, and activities of the social object of BY BARONE, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Web Site.

At the moment in which the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is to say, the use or uses that will be given to the information collected.

Retention periods 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: 7 days, or until the User requests its deletion.

At the time the personal data are obtained, the User will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

Google Analytics.

Siteground.

Tawk.to

WPForms Lite

Adapta RGPD

Contact Form.

WooCommerce.

Instagram Feed.

Amazon Affiliate.

Popup Maker

PixelYourSite

Mailchimp

Manychat

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

Respecting what is established in the articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years old will be able to give their consent to the treatment of their personal data in a licit way by BY BARONE. If it is a minor under 14 years old, it will be necessary the consent of the parents or tutors for the treatment, and this will only be considered licit in the measure in which they have authorized it.

Secrecy and security of personal data

BY BARONE undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of the personal data and to avoid the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of 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 BY BARONE cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the 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 data

The User has over BY BARONE and will be able, therefore, to exercise against the Responsible of the treatment the following rights recognized in the RGPD:

– Right of access: It is the User’s right to obtain confirmation of whether or not BY BARONE is processing his/her personal data and, if so, to obtain information about his/her specific personal data and about the processing that BY BARONE has carried out or is carrying out, as well as, among other things, information available about the origin of such data and the recipients of the communications carried out or planned.

– Right of rectification: It is the User’s right to have his/her personal data modified if they are found to be inaccurate or, taking into account the purposes of the processing, incomplete.

– Right of suppression (“the right to forget”): It is the User’s right, 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 it has no other legal basis; the User opposes the processing and there is no other legitimate reason to continue 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 minor 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 or her personal data. The User has the right to obtain limitation of the processing when he or she contests the accuracy of his or her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make a claim; and when the User has objected to the processing.

– Right to the portability of data: Where 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, 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 to object: This is the user’s right not to have his/her personal data processed or to have it stopped by BY BARONE.

– Right not to be subject to a decision based solely on the automated processing, including profiling: Is the right of the User not to be subject to an individualized decision based solely on the automated processing of his/her personal data, including profiling, unless otherwise provided by law.

Therefore, the User may exercise his/her rights by means of written communication addressed to the Data Controller with the reference “RGPD-www.bybarone.com”, specifying:

– Name, surname of the user and copy of the ID card. 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.

– Request with the specific reasons for the request or information you want to access.

– Address for notification purposes.

– Date and signature of the applicant.

– Any document that accredits the request made.

This request and any other attached documents may be sent to the following address and/or e-mail:

Postal address:            

Av. Juan Pablo II 38   

28860 Madrid;           

Spain. 

E-mail: [email protected]

Links to third party websites

The Website may include hyperlinks or links that allow access to websites of third parties other than BY BARONE, and which are therefore not operated by BY BARONE. 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.

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).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepts the processing of personal data so that the person responsible for the processing can proceed in the same way, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy Policy of the same.

BY BARONE reserves the right to modify its Privacy Policy, according to its own criteria, or due to a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. The changes or updates of this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on April 22, 2020 to adapt to the Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD) and the Organic Law 3/2018 of December 5, Protection of Personal Data and guarantee of digital rights (LOPD)

V. COOKIES 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 different devices that can be used to navigate – so that the server remembers certain information that later and only the server that implemented it will read. Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Website in order to recognise him/her as a User, and personalise his/her experience and use of the Website, and may also, for example, help to identify and resolve errors.

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 just 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 that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, for the use of them, the consent of the User will be necessary. This consent will be communicated, on the basis of an authentic choice, offered by means of an affirmative and positive decision, before the initial treatment, removable and documented.

Own Cookies

Cookies are those that are sent to the computer or device of the User and managed exclusively by BY BARONE for the best operation 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 make it possible to recognize the User as a recurring visitor to the Web Site and to adapt the Content to offer him/her content that fits his/her 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 Networking Cookies

BY BARONE 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 in each case for their own files and their own 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:

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

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

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

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

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

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

This page contains cookies from affiliated products.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete the cookies – totally or partially – installed on his/her device through the configuration of his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User should refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – totally or partially – you may continue to use the Website, 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 recommended that the User reviews this policy each time he or she accesses the Website in order to be properly informed about how and what we use cookies for.

VI. LIAISON POLICY

It is reported that the BY BARONE Web Site makes or may make available to Users link media (such as, but not limited to, links, banners, buttons), directories and search engines that allow Users to access Web sites owned and/or operated by third parties.

The installation of these links, directories and search engines on the Web Site is intended to facilitate the Users’ search for and access to information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.

BY BARONE does not offer or market on its own behalf or through third parties the products and/or services available on such linked sites.

Likewise, BY BARONE does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

BY BARONE will in no case review or control the content of other websites, nor approve, examine or make its own the products and services, content, files and any other material on those linked sites.

BY BARONE does not assume any responsibility for the damages that could be produced by the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by BY BARONE and that are linked in this Website.

The User or third party that makes a hyperlink from a web page of another, different, web site to the BY BARONE Web Site must know that:

The reproduction – in whole or in part – of any of the Content and/or Services of the Website is not allowed without the express authorization of BY BARONE.

Also, no false, inaccurate or incorrect statement about the BY BARONE Web Site or the Content and/or Services of the Web Site is allowed.

With the exception of the hyperlink, the Website in which 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 BY BARONE.

The establishment of the hyperlink will not imply the existence of a relationship between BY BARONE and the owner of the website from which it is carried out, nor the knowledge and acceptance of BY BARONE of the contents, services and/or activities offered in said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

BY BARONE, 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, these will be works protected as intellectual property by the Spanish legal system, being applicable 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, in any form and by any technical means, without the authorization of BY BARONE, is expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of BY BARONE. You may view the elements of the Site or even print them, copy them and store them on the hard disk of your computer or on any other physical support as long as it is exclusively for your personal use. The User, however, will not be able to suppress, alter, or manipulate any protection device or security system that was installed in the Website.

In case the User or third party considers that any of the Contents of the Web Site supposes a violation of the rights of protection of the intellectual property, he will have to communicate it immediately to BY BARONE through the contact data of the section of GENERAL INFORMATION of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

BY BARONE reserves the right to bring any civil or criminal action it deems necessary for the improper use of the Website and Content, or for any breach of these Terms.

The relationship between the User and BY BARONE shall be governed by the regulations in force and applicable in the territory of the United States, Spain and Europe. In the event of any dispute arising in connection with the interpretation and/or application of these Conditions, the parties submit to the ordinary jurisdiction of the judges and courts of law.

Last modification: April 22, 2020