Legal Notice

LEGAL NOTICE AND GENERAL TERMS OF USE OF THE WEBSITE

www.movosfera.com


I. GENERAL INFORMATION


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

Ownership of this website, www.movosfera.com, (hereinafter, the Website) is held by: Jesús Guillermo Paz Benavides, with NIF: 02728042N, whose contact details are:

Address:           
C/ Ferroviarios 68, Madrid Spain   
Contact phone: 917922237, 601213204      
Contact email: contacto@movosfera.com


II. GENERAL TERMS AND CONDITIONS OF USE


Purpose of these terms: The Website


The purpose of these General Terms of Use (hereinafter, the Terms) is to govern access to and use of the Website. For the purposes of these Terms, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all such online services or resources as may be offered to Users (hereinafter, Services).

Movimiento Esfera reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and of the Content and Services that may be incorporated into it. The User acknowledges and accepts that Movimiento Esfera may at any time interrupt, deactivate and/or cancel any of these elements integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of the telecommunications network connection supplied by the access provider contracted by the User.

Use of certain Content or Services of the Website may require prior subscription or registration by the User.

The User

Access to, browsing of and use of the Website, as well as of the spaces enabled for interaction between Users, and between the User and Movimiento Esfera, such as comments and/or blogging spaces, confers the status of User, whereby all the Terms established herein are accepted from the moment browsing of the Website begins, as well as any subsequent modifications thereto, without prejudice to the application of the corresponding mandatory legal regulations as applicable. Given the importance of the foregoing, the User is advised to read them each time they visit the Website.

The Movimiento Esfera Website provides a wide variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility shall extend to:

  1. Using the information, Content and/or Services and data offered by Movimiento Esfera in a manner that is not contrary to these Terms, the Law, morality or public order, or that could otherwise cause harm to the rights of third parties or to the proper functioning of the Website.
  2. The truthfulness and lawfulness of the information provided by the User in the forms made available by Movimiento Esfera for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Movimiento Esfera of any fact that may allow for the improper use of the information registered in such forms, such as, but not limited to, theft, loss or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Movimiento Esfera reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that constitute spamming, that are harmful to young people or children, to public order or safety, or that, in its judgment, are not suitable for publication.

In any case, Movimiento Esfera shall not be liable for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Mere access to this Website does not imply the establishment of any type of commercial relationship between Movimiento Esfera 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 Movimiento Esfera Website is not directed at minors. Movimiento Esfera disclaims any liability for failure to comply with this requirement.


III. ACCESS AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY



Movimiento Esfera does not guarantee the continuity, availability or usefulness of the Website, nor of the Content or Services. Movimiento Esfera will do everything possible for the proper functioning of the Website; however, it does not accept liability for nor guarantee that access to this Website will be uninterrupted or error-free.


Nor does it accept liability for or guarantee that the content or software accessible through this Website is free of errors or will not cause damage to the User’s computer system (software and hardware). Under no circumstances shall Movimiento Esfera be liable for any losses, damages or harm of any kind arising from access to, browsing of and use of the Website, including, but not limited to, damage caused to computer systems or caused by the introduction of viruses.

Nor is Movimiento Esfera liable for any damage that may be caused to users by improper use of this Website. In particular, it is in no way liable for any outages, interruptions, or lack or failure of telecommunications that may occur.


IV. PRIVACY POLICY AND DATA PROTECTION



In accordance with current legislation, Movimiento Esfera undertakes to adopt the necessary technical and organizational measures according to the level of security appropriate to the risk of the data collected.

Laws incorporated into 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 complies with the following regulations:

  1. 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).
  2. Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPD-GDD).
  3. Royal Decree 1720/2007, of December 21, approving the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  4. Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The controller responsible for the processing of the personal data collected by Movimiento Esfera is: Jesús Guillermo Paz Benavides, with NIF: 02728042N (hereinafter, also the Data Controller). Their contact details are as follows:

Address:           
C/ Ferroviarios 68, Madrid Spain   
Contact phone: 917922237, 601213204      
Contact email: contacto@movosfera.com

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which Movimiento Esfera is subject. The User may contact the DPO designated by the Data Controller using the following contact details: protecciondatos@movosfera.com.

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, please note that the personal data collected by Movimiento Esfera through the forms available on its pages will be incorporated into and processed in our files in order to facilitate, expedite and fulfill the commitments established between Movimiento Esfera and the User, or the maintenance of the relationship established in the forms completed by the User, or to respond to a request or inquiry from the User. Likewise, in accordance with the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained specifying, 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 shall be subject to the following principles set out in Article 5 of the GDPR:

  1. Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times following completely transparent information about the purposes for which the personal data are collected.
  2. Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
  3. Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  4. Principle of accuracy: personal data must be accurate and kept up to date.
  5. Principle of storage limitation: personal data will only be kept in a form that permits identification of the User for as long as necessary for the purposes of their processing.
  6. Principle of integrity and confidentiality: personal data will be processed in a manner that ensures their security and confidentiality.
  7. Principle of proactive responsibility: the Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed by Movimiento Esfera are solely identifying data. Under no circumstances 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. Movimiento Esfera 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 shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not affect the use of the Website.

On occasions when the User must or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if completing any of the fields is mandatory because they are essential for the proper execution of the operation carried out.

Purposes for which the personal data are processed

Personal data are collected and managed by Movimiento Esfera in order to facilitate, expedite and fulfill the commitments established between the Website and the User, or the maintenance of the relationship established in the forms completed by the latter, or to respond to a request or inquiry.

The data may also be used for commercial purposes of personalization, operations and statistics, and activities inherent to Movimiento Esfera’s corporate purpose, as well as for data extraction, storage and marketing studies to tailor the Content offered to the User and to improve the quality, functioning and browsing of the Website.

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

Personal data retention periods

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

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

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time personal data are obtained, the User will be informed of the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with Article 8 of the GDPR and Article 13 of the RDLOPD, only persons over 14 years of age may lawfully give their consent to the processing of their personal data by Movimiento Esfera. In the case of a minor under 14 years of age, the consent of parents or guardians will be required for processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Movimiento Esfera undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and prevent its accidental or unlawful destruction, loss or alteration, whether transmitted, stored or otherwise processed, or unauthorized disclosure of or access to such data.

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

However, since Movimiento Esfera cannot guarantee the impregnability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of individuals. In accordance with Article 4 of the GDPR, a personal data breach is understood to mean any breach of security leading to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized disclosure of or access to such data.

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

Rights arising from the processing of personal data

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

  1. Right of access: This is the User’s right to obtain confirmation as to whether or not Movimiento Esfera is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Movimiento Esfera has carried out or is carrying out, as well as, among other things, information available on the origin of such data and the recipients of the communications made or planned regarding them.
  2. Right of rectification: This is the User’s right to have their personal data that is inaccurate or, taking into account the purposes of the processing, incomplete, corrected.
  3. Right to erasure (“the right to be forgotten”): This is the User’s right, provided current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased 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 erasing the data, the Data Controller, taking into account available technology and the cost of implementation, must take reasonable measures to inform those responsible for processing the personal data of the data subject’s request to erase any link to that personal data.
  4. Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their 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.
  5. Right to data portability: If processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit them to another controller. Whenever technically possible, the Data Controller will transmit the data directly to that other controller.
  6. Right to object: This is the User’s right to prevent the processing of their personal data or to have such processing by Movimiento Esfera ceased.
  7. Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

The User may therefore exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-www.movosfera.com”, specifying:

  1. Name, surname of the User and a copy of their ID. In cases where representation is permitted, identification of the person representing the User by the same means will also be required, as well as the document proving such representation. The photocopy of the ID may be replaced by any other legally valid means proving identity.
  2. Request stating the specific reasons for the request or the information to which access is sought.
  3. Address for notification purposes.
  4. Date and signature of the applicant.
  5. Any document proving the request being made.

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

Postal address:           
C/ Ferroviarios 68, Madrid Spain   
Email: contacto@movosfera.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than Movimiento Esfera, and which are therefore not operated by Movimiento Esfera. The owners of such websites will have their own data protection policies, and will themselves, in each case, be responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

If the User believes there is a problem or infringement of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular in the State where they have their habitual residence, place of work, or place where the alleged infringement occurred. 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

The User must have read and agreed to the terms regarding the protection of personal data contained in this Privacy Policy, and must accept the processing of their personal data so that the Data Controller may proceed with it in the manner, within the periods, and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Movimiento Esfera reserves the right to modify its Privacy Policy at its own discretion, or motivated by a legislative, judicial 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 last updated on May 12, 2020 to comply with 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 (LOPD)


V. LINKS POLICY


Please note that the Movimiento Esfera Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to 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 information available on the Internet, and should not be considered a suggestion, recommendation or invitation to visit them.

Movimiento Esfera does not offer or market, either itself or through third parties, the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites not owned by it that may be accessed through the links.

Movimiento Esfera will under no circumstances review or control the content of other websites, nor does it approve, examine or adopt as its own the products and services, content, files or any other material existing on such linked sites.

Movimiento Esfera assumes no liability for any damages that may arise from access to, use of, quality of or legality of the content, communications, opinions, products and services of websites not managed by Movimiento Esfera and linked on this Website.

The User or third party who establishes a hyperlink from a web page of another, different website to the Movimiento Esfera Website should be aware that:

Reproduction —in whole or in part— of any of the Content and/or Services of the Website is not permitted without express authorization from Movimiento Esfera.

Nor is any false, inaccurate or incorrect statement about the Movimiento Esfera Website, or about its Content and/or Services, permitted.

With the exception of the hyperlink, the website on which such hyperlink is established shall not contain any element of this Website protected as intellectual property under Spanish law, unless expressly authorized by Movimiento Esfera.

The establishment of the hyperlink shall not imply the existence of any relationship between Movimiento Esfera and the owner of the website from which it is made, nor Movimiento Esfera’s knowledge and acceptance of the content, services and/or activities offered on that website, and vice versa.


VI. INTELLECTUAL AND INDUSTRIAL PROPERTY



Movimiento Esfera, either on its own behalf or as an assignee, holds all intellectual and industrial property rights to the Website, as well as to the elements contained within it (including, but not limited to, images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They shall therefore be works protected as intellectual property under Spanish law, and both Spanish and EU regulations in this field shall apply, as well as the international treaties on the matter to which Spain is a signatory.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available, of all or part of the content of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorization of Movimiento Esfera.

The User undertakes to respect the intellectual and industrial property rights of Movimiento Esfera. They may view the elements of the Website or even print them, copy them and store them on their computer’s hard drive or on any other physical medium, provided this is exclusively for personal use. The User, however, may not delete, alter or manipulate any protective device or security system installed on the Website.

If the User or a third party believes that any of the Content on the Website constitutes a violation of intellectual property protection rights, they must report it immediately to Movimiento Esfera through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.


VII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION



Movimiento Esfera reserves the right to bring such civil or criminal actions as it deems necessary for the improper use of the Website and Content, or for breach of these Terms.

The relationship between the User and Movimiento Esfera shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise regarding the interpretation and/or application of these Terms, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond by law.


Last updated: May 12, 2020