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Legal notice

OBJECT
This legal notice regulates the use and use of the website https://www.marifenunezart.com/, owned by Marifé Nuñez (hereinafter, THE OWNER OF THE WEB). Browsing the website of THE OWNER OF THE WEB attributes the condition of USER thereof and entails your full and unreserved acceptance of each and every one of the conditions published in this legal notice, warning that said conditions may be modified. without prior notification by THE OWNER OF THE WEBSITE, in which case it will be published and notified as soon as possible.

 

For this reason, it is advisable to read its content carefully if you wish to access and make use of the information and services offered from this website. The user also undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and will respond to THE OWNER OF THE WEB or to third parties, of any damages that could be caused as a consequence of the breach of said obligation. Any use other than that authorized is expressly prohibited, and THE OWNER OF THE WEBSITE may deny or withdraw access and its use at any time.


IDENTIFICATION

THE OWNER OF THE WEBSITE, in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, informs you that:

Its corporate name is: Marifé Nuñez
His CIF is: ----------
Its registered office is at: Avda de Manolete, 1, Centro Plaza, Local 11, 29660 Marbella, Málaga.


COMMUNICATIONS

To communicate with us, we offer you different means of contact that we detail below:

Phone: (+34) 952 03 99 45
Email: info@esartegallery.com

 

All notifications and communications between users and the OWNER OF THE WEBSITE will be considered effective, for all purposes, when they are made through any of the means detailed above.


CONDITIONS OF ACCESS AND USE

The website and its services are freely accessible. However, THE OWNER OF THE WEBSITE may condition the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees the authenticity and timeliness of all the data that he communicates to the OWNER OF THE WEBSITE and will be solely responsible for the false or inaccurate representations that you make.

The user expressly agrees to make appropriate use of the contents and services of THE WEBSITE OWNER and not to use them for, among others:

  • Disseminate content contrary to law or public order.

  • Introduce computer viruses into the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which THE OWNER OF THE WEB provides its services.

  • Attempt to access the email accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEB or third parties and, where appropriate, extract information.

  • Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the OWNER OF THE WEB or third parties.

  • Impersonate the identity of any other user.

  • Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.

  • Collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without your prior request or consent.

 
All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the OWNER OF THE WEB, without being understood as transferred to the user. none of the exploitation rights over them beyond what is strictly necessary for the correct use of the web.

In short, users who access this website can view the contents and make, where appropriate, authorized private copies provided that the reproduced elements are not later transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to no type of exploitation.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of THE OWNER OF THE WEB, without it being understood that the use or access to it attributes to the user any right over them.

The distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of relations between the OWNER OF THE WEB and the owner of the website in which it is established, nor the acceptance and approval by the OWNER OF THE WEB of its contents or services. OWNER OF THE WEB is not responsible for the use that each user gives to the materials made available on this website or for the actions carried out based on them.

 

EXCLUSION OF WARRANTIES AND LIABILITY REGARDING ACCESS AND USE

The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific objective. OWNER OF THE WEBSITE excludes, to the extent permitted by the legal system, any liability for damages of any kind derived from:

  • The impossibility of accessing the website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of all kinds in the contents transmitted, disseminated, stored, made available, to that has been accessed through the website or the services offered.

  • The presence of viruses or other elements in the content that may cause alterations in computer systems, electronic documents or user data.

  • Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the website. In particular, and by way of example, THE OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising.

Likewise, THE OWNER OF THE WEBSITE declines any responsibility regarding the information that is found outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources capable of expanding the content offered by this website. OWNER OF THE WEB does not guarantee nor is it responsible for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained.

OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.

 

PROCEDURE IN THE EVENT OF CARRYING OUT ILLICIT ACTIVITIES

In the event that any user or a third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the OWNER OF THE WEB, duly identifying themselves and specifying the alleged infringements.

PUBLICATIONS

The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts that have to be formally published in the official gazettes of public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide without the purpose of legal validity.

APPLICABLE LEGISLATION

The present conditions will be governed by current Spanish legislation.

Privacy Policy

It is important that you read this clause carefully as it contains information on what personal data we request and the processing that we will carry out with it, including transfers to third parties.

What personal data do we need?

Since you contact the OWNER OF THE WEB, either because you request information about our products or services or because you want to be our client, we need to process your personal data. In general, we will need to process your identification, contact, location, financial data, data related to your personal and professional profile, image, including that obtained by recording security cameras in our offices, voice and calls that we maintain with you, and other data necessary to carry out the purposes that we will describe in this clause. Likewise, on occasions, we will process the data related to your economic solvency or the risk that you assume in your products for the purposes that are detailed below, both those that we collect in your relationship with us, and common economic solvency files.

Your solvency data consists of personal data related to the fulfillment or breach of monetary obligations provided by the creditor or by whoever acts on your behalf or in your interest.

Your identification data, those referring to your professional or work activity, your contact information and any other that may be required by the applicable regulations, are mandatory, so the refusal to provide or assign them, in the event that it is necessary, would make that it would be impossible for us to provide the services that you have requested or contracted. Likewise, your personal data must be true, complete, exact and up-to-date, so any change in them must be communicated without delay. This is of special relevance, so any modification in them must be communicated without delay. This is of special relevance in the case of changes of address, email address or contact telephone number, since THE OWNER OF THE WEBSITE can send you communications of your interest that are fully valid and effective if they are made to the addresses that you have provided us. OWNER OF THE WEB reserves the right to update your data with information obtained from sources other than you in cases where the regulations authorize it. We inform you that the OWNER OF THE WEB will use your mobile phone numbers and your email to inform you about the products or services that you have with us and may be sent over the Internet through web correspondence, or ordinary mail, being able, however, to revoke , this option at any time.

How do we obtain your personal data?

You will have provided it directly or we will have accessed it as a result of your queries, requests, or contracting of products or services in OWNER OF THE WEB, operations or transactions that you have carried out with us, by browsing your own or third-party websites, or that we have obtained from the use of mobile telecommunications devices, POS's, or through other equally legitimate channels. In some cases, and always within the scope of the type of services that we present to you, we will put data about you that may be provided by third parties (for example, access to tax registry data of the company in other entities) and obtained from other sources, always that you have given us your consent for this assumption and for this purpose. In the event that you provide the data of a second party involved in the contracting of a product, we will treat them in the manner indicated in this information. In the event that you formalize your registration as a participant in the product within a maximum contracting period, your data will be deleted.

Who is responsible for the processing of your personal data?

OWNER OF THE WEB in Spain, with registered office at Avda de Manolete, 1, Centro Plaza, Local 11, 29660 Marbella, Málaga, and telephone 952 03 99 45, whose contact information is info@esartegallery.com

Why do we process your personal data and what do we rely on to do so?

We treat your identification and contact data in order to meet your request for information about our products or services, and if you formalize the contracting of any of them, we will also need to process documentation that proves your identity and, depending on the product that you wish to contract, other personal data related to your work or professional or family profile. We also process your location data to offer you information about the location of our offices, register them in geolocation services to promote your business on the Internet. OWNER OF THE WEB will not need to access data of minors or others of special protection, unless they are necessary for the type of product or service that you wish to contract with the OWNER OF THE WEB, such as an application that manages the control or usability of these by minors, in which case the treatment will be reduced to what is strictly necessary to manage the contracted product or service. The processing of this data is necessary to meet your request for information or, where appropriate, for the necessary management of the requested contract and provision of the corresponding services.

We will treat your solvency data when you make a request or contract a product that implies the assumption of credit risk by the OWNER OF THE WEBSITE, (for example, products or services that involve installment payments or similar), or make a query that requires a decision of the OWNER OF THE WEB on the feasibility of granting a product of this type.

OWNER OF THE WEB may create customer profiles in relation to our products for which we may use information derived from the data obtained within your business relationship with OWNER OF THE WEB, or with third parties that we have collected, among others, from the use that you make from our website or applications for mobile devices, or other equally legitimate channels. These data that OWNER OF THE WEB collects and processes will include, among others, those related to the transactions you carry out through the commercial platforms that we make available to you, or that are reflected in the instruments and products of OWNER OF THE WEB. However, you can oppose this specific treatment at any time by notifying the OWNER OF THE WEBSITE through the email address info@esartegallery.com, after proving your identity. In no case will OWNER OF THE WEB sell your personal data to third parties.

In the case of telephone and email marketing, we may contact you in order to find out your level of satisfaction with our products. In accordance with article 21 of Law 34/2002 on Services of the Information Society, if you are our client and maintain a contractual relationship with us, we are legally authorized to send you commercial communications, through email and other means. equivalent electronic (for example SMS, push notifications etc...), related to products or services similar to those you have contracted with us; in all other cases we will proceed to obtain your express consent. If you do not want us to send you more commercial communications, or that we contact you by telephone for the purposes detailed above, you can request it through the address info@esartegallery.com, through the link provided for this purpose in the communications that we send you.

Without prejudice to all that has already been indicated, we inform you that we may process your personal data in an aggregated or anonymized form to carry out surveys, statistical models (assessment and/or risk) or market studies that may be of interest to you, and to improve, if applicable, the products that you have already contracted, as well as for the knowledge "know-how" that allows the OWNER OF THE WEB to offer its clients value-added services.

To comply with legal obligations in tax, accounting, fraud prevention or money laundering, social security or others imposed by Banking Supervision Organizations or Control Authorities, it will also be necessary to process your identification, contact, financial, or other related data. to your professional profile. The purpose of these treatments responds to the needs of verification of identity, activity, age or credit, prevention of fraud and money laundering, presentation of reports or necessary reports to supervisory bodies, compliance with information obligations in tax matters, as well as evaluation and risk management within the WEB OWNER Group or its entities.

To carry out other treatments different from the above, it may be necessary to obtain your express consent, in which case you will be informed of this, clearly and in detail, at the moment in which it is necessary to obtain it, being able to deny it at that moment, or revoke it, later and in any time, without retroactivity.

How long will we keep your personal data in OWNER OF THE WEB?
We will keep your data as long as the purpose for which it was collected is maintained. When it is no longer necessary for this purpose, we will keep blocked any data that may be necessary during the legally established periods to attend to any question related to its treatment, up to a maximum of 1 year. Once the legal deadlines have elapsed, the personal data will be deleted, adopting the appropriate security measures that guarantee their total destruction.

With whom do we share your personal data?
we are uWe are a company that offers services in the Spanish national sphere, so we can share your personal data with entities of the OWNER OF THE WEB Group and also with other entities outside the same that we describe in this section, as it is our interest to offer you the best possible service. , work to make improvements to our product portfolio and remain competitive. We will also share your data with service providers whose activity is necessary to fulfill the contractual obligations we have assumed with you.

If it is necessary to transfer the data to WEBSITE OWNER entities located outside the European Union, we guarantee that the information is shared with the appropriate guarantees and to countries that offer data protection similar to that offered by the European Union. We want you to know that the OWNER OF THE WEBSITE Group has binding corporate regulations that ensure that personal data shared within the Group is treated safely and with due guarantees, in accordance with this privacy policy and applicable regulations as well as with adherence to globally accepted best practices.

You can consult the aforementioned rules of the WEB OWNER Group in the Legal Notice of our website, https://www.marifenunezart.com/, within the section "Privacy and data protection policy".

Additionally, it is necessary that we share your data with other entities outside the group OWNER OF THE WEB and that we describe it below:

  • Public Administration Bodies for the registration of adaptation services managed on their behalf by the OWNER OF THE WEB.

  • Financial companies that offer the management of credits or subsidies for the execution of projects and their development in OWNER OF THE WEB.

  • Requests to the General Treasury of the Social Security or the Tax Agency in compliance with legal obligations of a labor or fiscal nature.

  • Files of breach of monetary obligations. We may process your personal data related to the fulfillment or breach of monetary obligations in files of the aforementioned nature, whether they are publicly accessible or others to which we are attached, in accordance with the applicable legislation in this matter, and this because it is a legitimate interest. of OWNER OF THE WEBSITE to obtain compliance with the obligations derived from the existence of a contractual relationship or provision of a prior service. In this case, we will inform you of the inclusion of your data in these files in advance and of the rights that assist you in this regard.

  • Other entities outside the OWNER OF THE WEB whose involvement in the services is necessary for the management, maintenance and development of the contractual obligations assumed with you.

  • Third-party companies or service providers as soon as their intervention is necessary for the provision of the service to which we have committed to you and that act, in any case, in accordance with the instructions issued by the WEBSITE OWNER for the proper processing of your data.

What data do we obtain through cookies and why do we treat them?
Prior to using our websites, you will be informed of our cookie policy. Cookies are important for the proper functioning of a website.

We use cookies to improve your user experience, collect statistics to optimize the functionality of the site and provide information tailored to your browsing habits. You can find more information about the types of cookies, set your preferences and choose whether or not you want to accept them while you remain on our website, at https://www.marifenunezart.com/ in the "Cookie Policy" section.

What rights does your data have and how can you exercise them?

Along with the right to be informed of the way in which we are doing it in this clause, you have the following rights:

 

  • Rights of access to know what your data is being processed, for what purposes, the origin of the same and if we communicate it or have communicated it to third parties;

  • Right to modify your data when it is incomplete or inaccurate;

  • Right to delete your data if the purpose for which you provided it has disappeared, the treatment is not lawful, or revoke your consent and other cases provided by law;

  • Right of opposition to prevent us from processing your data for certain purposes, or to request that we stop doing so, although it is only possible in the cases established by law;

  • Right to request the limitation of the treatment while the challenge of the accuracy of the same is verified, or understands that the treatment is illegal and opposes the deletion of the data, or OWNER OF THE WEB no longer needs the data but you need it for the formulation, exercise or defense of claims, or has been opposed to the treatment of the same for the satisfaction of a legitimate interest while the existence of said interest and its prevalence over yours is verified;

  • Right to portability to receive your data in a structured and commonly used electronic format and to be able to transmit it to another person in charge;

  • Right not to be subject to automated individual decisions so that we do not make a decision about you based solely on the processing of your data that produces legal effects in your personal sphere or affects you in a similar way.

To exercise any of these rights, you can write to the OWNER OF THE WEBSITE, Avda de Manolete, 1, Centro Plaza, Local 11, 29660 Marbella, Málaga, to info@esartegallery.com, after proving your identity, without prejudice of the possibility of doing so by telephone on the telephone 952 03 99 45.

 

We also inform you of your right to file a claim through the e-mail info@esartegallery.com (Delegate of Data Protection) or before the Protection Agency of Data (www.agpd.es) if you understand that you have not obtained satisfaction in the exercise of your rights.

For more information and details on Data Protection in OWNER OF THE WEB, be sure to consult the Legal Notice of our website, www.marifenunezart.com, within the section "Privacy Policy and Data Protection".

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