The website fishingtripmajorca.co.uk is a property of Pescaturismo SL, a company founded under the Spanish regulation, which site is in Edificio Naorte A, planta 1-8, ParcBit, 07121, Palma de Mallorca, Islas Baleares, with Tax Identification Number B-57909731, registered at the business register from Mallorca Volume 2610, folio 180, page PM-76164. In addition to the business office, the company makes available the following email address, in which you can send any request, question or claim: email@example.com or the telephone number +34 622 347 389. All customers will have at their disposal the claim sheet on the business address located in the Edificio Norte A, 1-8 floor, Parc Bit, Palma de Mallorca, Islas Baleares, Monday to Friday from 10:00 to 13:00 hours, as regulated by Decree 89/2010 from 22nd of July on its Article 7.3 inspection book and claim sheets.
2.- Privacy conditions
A.- Treatment of sailing details
a) The name of the provider domain (PSI) and/or the IP address giving them access. For instance, a user from the supplier xxx will only be identified with the domain xxx.es and/or the IP address. In such way, we will be able to elaborate statistics about the countries and servers that visit more often our website.
b) The date and the access time to our website. This fact allows us to know the time of more influx, and to perform the necessary adjustment to prevent any problem of saturation at our rush hours.
c) The number of daily visitors from each session. This fact allows us to know the areas with a greater success and to increase and improve their content, so that the users can obtain a better result.
We can obtain the following information:
a) The date and the time at which the user visited our website at last time.
b) The content design that the user choose at the access control from the restricted areas.
c) Any safety elements that intervene in the access control to the restricted areas.
Although the obtained information is, at first, absolutely anonymous according to the report 327/2003 from the Spanish Data Protection Agency, we inform that the above mentioned data will be incorporated to the personal data files from Pescaturismo SL and from the web platform www.fishingtripmajorca.co.uk for the afore mentioned purposes, keeping the user the right to access, to rectify, to cancel and to stand against according what is mentioned above.
We use as well the remarketing tool from Google Adwords. The said tool allows to post at the Google Content Network (more details about the Google Content Network here: http//adwords.google.com/support/aw/bin/answer.py?hl=es&answer=6104) many advertisements based on the previous visits from the users to our website. For this purpose, may pages from our website include a code called "remarketing label". Those labels allow reading and configuring the cookies from your browser in order to determine the particular advertisement to be shown to the user, depending on the elements connected with his visit to our website, as for instance, the chosen sailing circuit, the particular visited pages or the actions performed at it. Those remarketing lists will be kept at a data base from the Google servers, where all the IP from associated cookies associated to each list or interest category are stocked. The obtained information allows identifying only one particular server, in such a way that google is not able to identify a concrete user with this sole information (more information about the remarketing tool from Google at the following link: http://adwords.google.com/support/aw/bin/answer.py?hl=es-419&answer=173945).
Regarding Pescaturismo SL, this information will only be associated to a concrete user in case this user has been identified in the website, for instance, after having implemented a booking process. In this case, the obtained data will be incorporated to a file from Pescaturismo SL for business prospecting and web users segmentation purposes in order to design the business campaigns according to the interests that have been shown during navigation with the user's right to exercise his right to access, to rectify, to cancel and to stand against, as it is mentioned above.
The user has the choice between not receiving cookies or to be informed about them by the configuration of the browser for this purpose. Although by deactivating the cookies, it is possible that not all the functionalities of the website are available.
B. Treatment of Personal data
B.1.- Information about the file
According to the law 15/1999, from 13 December relating the protection of personal data (LOPD), we inform you that the personal data that are collected at this website will be incorporated to files that are the responsibility of Pescaturismo SL. In general, we inform that you have to fill in all fields of the form that are obligatory for the correct transaction of the application.
B.2 Register forms
The personal data that are collected through this form will be treated in order to process your registration, as well as for the administration of the users accounts, the management of the relationship with them and the access control to the contents that are reserved for registered users.
B.3.- Booking and contracting of products and services
Third-party data: The user has to be duly enabled to provide third-party data. Only by having the consent of the future passengers he will be allowed to record the name and surname at the field "distribution of seats". This information will allow the boat to provide a better service to its passengers, and it is optional, something that implies for the user the duty to inform third-parties about our conditions of privacy before the provision of the personal details.
B.4 Contact and feedback forms
The personal data that are collected through those forms will be treated to process your request, to attend your suggestions or your claims, and to improve the quality of our website and our services. The data that have been provided through the contact form will be communicated to the addressee. The former will expressly consent the international transfer of his data in case the addressee is located outside the European Economic Area.
We inform that all comments and opinions about the different excursions that the users provide through the feedback forms will be published in our website along with the user name that was provided, so that this will become public information. The users will have to keep a special care when they decide to share their personal details. The user undertakes to make an appropriate use of the function to publish opinions in the website or in the accounts of social network that are linked to it. Particularly, the user undertakes not to provide data or comments that:
- imply illicit, illegal activities, or those that are contrary to good faith or to public policy.
- spread contents and propaganda with a racist, xenophobic, pornographic nature, or implying apologia of terrorism or against the human rights.
- include contents that violate the industrial property rights.
- attack the image of third persons
- enter or spread on the net computer virus or whatever physic or logistic systems that can cause dammages in the systems.
- use email accounts or personal data from other users that can handle or modify their messages.
Pescaturismo SL reserves the right to remove or not to post all opinions and comments that break the afore mentioned conditions and particularly those that attempt the respect to the people, are discriminatory, xenophobic, racist, pornographic, attempt to young people or children, public security or those that can be considered inadequate.
According to the art. 16.1 from the law 34/2002, 11 July, relating the services of the information society and ecommerce, Pescaturismo SL is not liable neither from all information stocked at the request of the users, and particularly concerning the expressed opinions, nor from the accuracy, quality, reliability and accuracy of the information that the users have posted. Although, all people whose personal data have been included in any comment or post on the website or on social networks, will have the right to ask for the cancellation of the said data, according to the art. 16 LOPD, and the conditions related at "Rights of the interested persons".
B.5 Customer loyalty and business profiles
In case it has been accepted in the web forms, your data will be incorporated to a user's file of the brand, with customer loyalty, customization services purposes, as to submit by electronic or telephonic means all personalized business information about the tourist products and services from Pescaturismo S.L and Pescaturismomallorca. You agree that the companies of the group with which you have contracted services can access to your data as a brand user for the purpose of the personalization of those services. You agree as well the international transfer of your data when the said companies are outside the European Economic Area. At any time you can revoke your consent for those purposes, according to the conditions described at the section "rights of the interested persons".
C. The Rights of the interested persons
In order to ask for the access, the rectification or the cancellation of your personal information, as well as to oppose the treatment of it, you can address the data controller by a written request, along with a copy of your identity card or your passport at the following email :
Pescaturismo SL at its business address or sending an email to firstname.lastname@example.org
Those general conditions are to be considered notwithstanding the particular booking conditions standing at the website.
For the mere use of the website you obtain the condition of a user of it. The use of the website and of the provided services involves the firm acceptance as a user of either the general conditions or the particular conditions concerning the use of the website or the related services.
E.- User obligations
By using the website, the user declares that he is older than 18 years-old. For the use of the website, those under 18 need to previously obtain the permission of their parents or legal representatives, who will be responsible for any actions of the children in their care.
The user undertakes to use the website and the related services diligently, according to the law, morals and public order, and following the terms of the general conditions and the particular ones. They undertake to avoid the use of the website in such a way that can hinder its correct operation and the enjoyment of the services by the other users, or that can damage the goods and rights of the owners of the website, their providers, users and any third person.
By operating at the website, and besides the above mentioned duties, the user particularly undertakes the following commitments:
1.- Not to introduce, to stock or to spread through the website or any of it related services, any computer program, data, virus, code, or whatever tool or electronic device which can cause damages to the website or to any of its related services, or to any equipment, computer system or net concerning the owners of the website, its providers or any third person, or in such a way to cause any disturbance or hinder the correct operation of the website.
2.- Not to use false identities, or to supplant the identity of other users in the enjoyance of the website and of the related services, including the use of third-people's passwords.
3.- Not to hide or to distort by any way the origin of the emails, not to intercept, to delete or to modify the emails from other users, and not to send mass emails.
4.- Not to destroy, to alter, to disable or to damage any data, information, programs o electronic documents from the owners of the website, their providers or third people.
5.- Not to use the content and particularly the information arising from the website with the aim to send advertising, to send emails with sale purpose, or whatever purpose, and to collect or to stock third-people's personal data.
6.- Not to introduce, nor to spread any information that shall be defamatory, injurious, obscene, threatening, xenophobic, or that can enable to incite violence, discrimination based on sex, race, ideology or religion or on whatever way attempting to morals, public order, human rights, public liberties, honor, privacy or third-people's image, and in general all legal regulations.
In case any user considers that there are facts or circumstances revealing the illicit nature of the using of any content or the implementation of any activity at the website, they should warn the owners of the website by email addressed to email@example.com.
F.- Intellectual property
The user recognizes that all elements of the website and those of the provided services, all information and content, the structure, the selection, the settings and the performance of its content, as well as all related computer programs are protected by the intellectual property rights of the owners of the website or of third-people, according to appropriate.
The user is not allowed to reproduce, to transform, to modify, to disassemble, to perform diverse engineering, to distribute, to lease, to lend, to make available or to allow the public access through any public communication the aforementioned elements of the website, unless he has been authorized by the owners of the website or by third-people holding the corresponding rights, or unless it is permitted by the law.
It shall never be understood to be granted a license or to be carried out the resignation, the transmission, the assignment of the said rights, or to be granted any right and particularly the right to alter, to exploit, to reproduce, to distribute or to publicly communicate the afore mentioned content without the express authorization of the portal of the one of the owners.
The user must use the tools, the elements and any information to which he has accessed on purpose of his own needs, and undertakes not to remove the signs identifying the intellectual property rights of the owners of the website or of those third-people as it states at the website, or at the provided services. Moreover, the user undertakes not to avoid or to manipulate any technical device installed by the owners of the website of by third-people, either at the website, at any of the provided services, or at any tool, element or information aimed at the protection of their rights.
H.- Exclusion of guarantees
The owners of the website undertake to make all the necessary efforts to ensure the availability and the continuity of the website and the related services. However, the owners of the website cannot ensure that the website and the related services are operating correctly at any time, that the user can have access, operate in a fast uninterrupted and error freeway. In the same way, the owners of the website do not warrant the suitability and content of the website or of the related services for the satisfaction of the particular needs of the users.
The owners of the website undertake to act diligently according to the general accepted uses in order to prevent the presence at the website or at any of the related services of any virus or any damaging element that can cause disturbances at the user's computer system, his electronic documents or his files, but they cannot ensure the absence of such elements, and are not liable of any damage that can be caused.
The owners of the website do neither control nor ensure the accuracy, the quality, the veracity, the reliability or the suitability of any information and service provided by third-parties through the website. They do neither control nor ensure the absence of virus or any other damaging element at the content or provided services through the website.
The owners of the website do not ensure the technical availability, the quality, the reliability, the accuracy or veracity of any content and related services at the website that any third-party manages to which the user has accessed by means of links from the website. The owners of the website do neither control the content of such websites nor offer or market the products and services available at the linked websites, and do not assume the responsibility of them.
The use of the website is undertaken under the own risk of the user, so that the owners of the website are not responsible for any eventual damage arising from interference, interruptions, computer virus, telephonic breakdown and disconnection motivated by causes beyond the company; from delays or blocking in the use of the electronic system motivated by deficiencies or overload at its data processing center, at the telephonic lines, at its internet system or in any other electric system: and finally for any disturbance arising from the software or the hardware of the users.
Moreover, the owners of the website are not responsible for the damages caused by third people arising from illegal actions out of control. They will likewise not be responsible either from the damages arising from the bad use of the content of the website nor from the consequences arising from the mistakes, the defects or the omissions in the content that has been provided by third people in the website, considering the elected boat as a third people.
I.- Termination of the contract
Notwithstanding any responsibility for damages, the owners of the website will be immediately allowed and without prior notice, to terminate their relationship with the user, with the interruption to his access to the website and its linked services, in case it has checked that the use of them is contrary to the general or particular conditions that apply.
The user will be liable for any damage that the owners of the website or any of their subsidiaries may directly or indirectly suffer as a consequence of the breach of any duty arising from the general or particular conditions relating the use of the website or the related services. The user will likewise hold the owners of the website harmless against any sanction, claim or demand that any third-people or any public administration may file against the owners of the website, its employees or agents resulting from the violation of whatever third-people's right on the part of the user by the use of the website or the related services contrary to the general or particular conditions that apply.
J.- Applicable law and jurisdiction.
Those general conditions are ruled under the Spanish rule. The owners of the website and the user, waiwing any other jurisdiction that may correspond, agree to submit any claim arising from the relationship related to the use of the website or to the related services to the exclusive jurisdiction of the judges and courts of Palma de Mallorca.