LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.NachoBarrio.Studio

I. GENERAL INFORMATION

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

The ownership of this website, www.NachoBarrio.Studio, (hereinafter, Website) is held by: Ignacio Martínez Barrio, with NIF: 02259286L, and whose contact details are:

Address: VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT Contact telephone number: (+34) 652722922 Contact email: privacy@nachobarrio.studio

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

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

NachoBarrio 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 into it. The User acknowledges and accepts that at any time NachoBarrio may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a rule, is free without the User having to provide consideration to be able to enjoy it, except with regard to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of any of the Contents or Services of the Website may be done through the User’s subscription or prior registration.

The User

The access, navigation and use of the Website, as well as by the spaces enabled to interact between Users, and the User and NachoBarrio, such as comments and / or blogging spaces, confers the status of User, so all the Conditions established herein, as well as their subsequent modifications, are accepted from the beginning of navigation on the Website, without prejudice to the application Given the relevance of the above, it is recommended that the User read them every time he visits the Website.

The NachoBarrio Website provides a wide variety of information, services and data. The User assumes his responsibility to make correct use of the Website. This responsibility will extend to:

A use of the information, Content and/or Services and data offered by NachoBarrio without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the operation of the Website itself.

The veracity and legality of the information provided by the User in the forms issued by NachoBarrio for access to certain Content or Services offered by the Website. In any case, the User will immediately notify NachoBarrio of any fact 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, in order to proceed to its immediate cancellation.

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

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

Mere access to this Website does not imply the establishment of any type of commercial relationship between NachoBarrio and the User.

Always in compliance with current legislation, this NachoBarrio Website is aimed at all people, regardless of their age, who can access and/or browse the pages of the Website.

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

NachoBarrio does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. NachoBarrio will make every effort to ensure the proper functioning of the Website, however, it is not responsible for or guarantees that access to this Website will not be uninterrupted or that it will be error-free.

Nor is it responsible or guaranteed that the content or software that can be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no case will NachoBarrio be responsible for losses, damages or damages of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

NachoBarrio is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for any falls, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, NachoBarrio undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that incorporate this privacy policy

This privacy policy is adapted to current Spanish and European regulations on 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 natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

• Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, approving the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of the personal data collected in NachoBarrio is: Ignacio Martínez Barrio, with NIF: 02259286L (hereinafter, also Responsible for the treatment). Your contact details are as follows:

Address: VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT Contact telephone number: 652722922 Contact email: privacy@nachobarrio.studio

Registration of Personal Data

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by NachoBarrio through the forms extended on its pages will be incorporated and processed in our files in order to be able to facilitate, expedite and comply with the commitments established between NachoBarrio and the User or the maintenance of the relationship established in the forms that Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a register of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

• The processing of the User’s personal data will be subject to the following principles set out in Article 5 of the GDPR:
• Principle of legality, loyalty and transparency: the consent of the User will be required at all times after completely transparent information about the purposes for which the personal data is 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 only be those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up to date.
• Principle of limitation of the retention period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of its processing.
• Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
• Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed in NachoBarrio are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. NachoBarrio undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User will have the right to withdraw his consent at any time. It will be as easy to withdraw consent as it will be to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions in which the User must or may provide his data through forms to consult, request information or for reasons related to the content of the Website, he will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data is intended

Personal data are collected and managed by NachoBarrio in order to be able to facilitate, expedite and comply with the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to respond to a request or query.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities specific to the corporate purpose of NachoBarrio, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, of the use or uses that will be given to the information collected.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: until the end of business activity, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that 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 Inc – 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States
• Hostinger, UAB – Jonavos str. 60C, Kaunas 44192 Lithuania
• The Rocket Science Group LLC d/b/a Mailchimp – Bird & Bird GDPR Representative Services UK 12 New Fetter Lane – London, EC4A 1JP – United Kingdom
• Typeform S.L – calle de Pallars 108 (Aticco), 08018 Barcelona, Spain
• HubSpot, Inc. – Two Canal Park. Cambridge – Massachusetts, 02141, EE. UU. 
• Aut O’Mattic A8C Ireland Ltd. – Grand Canal Dock, 25 Herbert Pl. – Dublin, D02 AY86, Ireland
• WooCommerce Ireland Ltd. – Grand Canal Dock, 25 Herbert Pl – Dublin, D02 AY86, Ireland
  Meta Platforms Ireland Limited – 4 Grand Canal Square, Grand Canal Harbour – Dublin 2, Ireland

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

Respecting the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data lawfully by NachoBarrio. In the case of a minor under the age of 14, the consent of the parents or guardians will be required for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

NachoBarrio undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and avoid the accidental or illicit destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as it is the transmission of the data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because NachoBarrio cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a violation of the security of personal data occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with the provisions of article 4 of the GDPR, a breach of the security of personal data is understood as any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, retained or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is accessible.

Rights arising from the processing of personal data

The User has over NachoBarrio and may, therefore, exercise the following rights recognized in the GDPR against the Data Controller:

• Right of access: It is the right of the User to obtain confirmation of whether or not NachoBarrio is processing their personal data and, if so, to obtain information about their specific personal data and the treatment that NachoBarrio has carried out or carries out, as well as, among others, the available information about the origin of said data and the recipients of the communications made or
• Right of rectification: It is the right of the User to have their personal data modified that turn out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
• Right of deletion (“the right to be forgotten”): It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his consent to the processing and it does not have another legal basis; the User opposes In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform the controllers who are processing the personal data of the interested party’s request for deletion of any link to those personal data.
• Right to limitation of processing: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of processing when he challenges the accuracy of his personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: In the event that the processing is carried out by automated means, the User will have the right to receive his personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit it to another controller. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
• Right to object: It is the right of the User not to carry out the processing of their personal data or to cease the processing of them by NachoBarrio.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, existing unless current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-www.NachoBarrio.Studio”, specifying:

• Name, surname of the User and copy of the ID. In cases where representation is admitted, it will also be necessary to identify the person who represents the User by the same means, as well as the document accrediting the representation. The photocopy of the ID card may be replaced by any other valid means in law that proves the identity.
• Request with the specific reasons for the request or information you want to access.
• Address for the purpose of notifications.
• Date and signature of the applicant.
• Any document that proves the request you make.

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

Postal address: VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT Email: privacy@nachobarrio.studio

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than NachoBarrio, and therefore are not operated by NachoBarrio. The owners of these 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 supervisory authority

In the event that the User considers that there is a problem or violation of current regulations in the way in which his personal data are being processed, he will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which he has his 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 that he accept the processing of his personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

NachoBarrio reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on July 1, 2022 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights

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 – on the different devices they can use to navigate – so that the server remembers certain information that later and only the server that implemented it will read. Cookies make navigation easier, make it more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and to personalize his experience and use of the Website, and can also, for example, help identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time you have been on the Website and the sites visited just before and after it. However, no cookie allows it to contact the User’s phone 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 be part of the Cookie file is for the user to personally give that information to the server.

Cookies that allow you to identify a person 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 through an affirmative and positive decision, before the initial, removable and documented treatment.

Own cookies

These are those cookies that are sent to the User’s computer or device and managed exclusively by NachoBarrio for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow you to recognize the User as a recurring visitor to the Website and adapt the content to offer you content that suits your preferences.

Third-party cookies

These are cookies used and managed by external entities that provide NachoBarrio with services requested by it to improve the Website and the user experience when browsing the Website. The main objectives for which third-party cookies are used are to obtain access statistics and analyze navigation information, that is, how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website, and detect new needs to offer Users optimal quality Content and/or service. In any case, the information is collected anonymously and trend reports are prepared on the Website without identifying individual users.

You can get more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. at the following link(s):

• Google Analytics: https://developers.google.com/analytics/
• Smush: Note: Smush does not interact with end users on your website. The only input option Smush has is to a newsletter subscription for site admins only. If you would like to notify your users of this in your privacy policy, you can use the information below.

Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers.

Smush uses the Stackpath Content Delivery Network (CDN). Stackpath may store web log information of site visitors, including IPs, UA, referrer, Location and ISP info of site visitors for 7 days. Files and images served by the CDN may be stored and served from countries other than your own. Stackpath’s privacy policy can be found here.

Smush uses a third-party email service (Drip) to send informational emails to the site administrator. The administrator’s email address is sent to Drip and a cookie is set by the service. Only administrator information is collected by Drip.

• Akismet: We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
• Mailchimp: https://www.intuit.com/privacy/statement/

The entity(s) in charge of providing cookies may transfer this information to third parties, as long as required by law or it is a third party that processes this information for such entities.

Social media cookies

NachoBarrio incorporates social media plugins, which allow you to access them from the Website. For this reason, social media cookies can be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about these cookies and, where appropriate, the processing of their personal data. For information purposes only the following are the links in which these privacy and/or cookie policies can be consulted:

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

Twitter: https://twitter.com/privacy

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

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

Google+: https://policies.google.com/technologies/cookies? Hl=en

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

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

Disable, reject and delete cookies

The User can disable, reject and delete cookies – in whole or in part – installed on his device through the configuration of his browser (including, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must resort to the instructions provided by the Internet browser that he is using. In the event that you reject the use of cookies – in whole or in part – you can continue to use the Website, although the use of some of its features may be limited.

Changes to the Cookies Policy

The Cookies Policy of the Website may change or be updated, so it is advisable that the User review this policy each time he accesses the Website in order to be properly informed about how and why we use cookies.

VI. LINKING POLICY

It is reported that the NachoBarrio Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites owned and/or managed by third parties.

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

NachoBarrio does not offer or market by itself or through third parties the products and/or services available on such linked sites.

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

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

NachoBarrio assumes no responsibility for any damages that may occur due to the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by NachoBarrio and that are linked on this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the NachoBarrio Website must know that:

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

No false, inaccurate or incorrect statement about the NachoBarrio Website, or about its Contents and/or Services is not allowed.

With the exception of the hyperlink, the website on 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 NachoBarrio.

The establishment of the hyperlink will not imply the existence of relations between NachoBarrio and the owner of the website from which it is made, nor NachoBarrio’s knowledge and acceptance of the contents, services and/or activities offered on that website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

NachoBarrio by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its They will therefore be works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and community regulations in this field, as well as the international treaties related to the subject and signed by Spain.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of NachoBarrio, are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of NachoBarrio. You can view the elements of the Website or even print, copy and store them on your computer’s hard drive or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he must immediately notify NachoBarrio through the contact details of the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

NachoBarrio reserves the right to file any civil or criminal action it deems necessary for the improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and NachoBarrio will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction by submitting to the corresponding judges and courts in accordance with the law.

Last modified: July 1, 2022