I. GENERAL INFORMATION
In compliance with the duty of information provided for in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:
The ownership of this website, www.lomenak.com, (hereinafter, Website) is held: Gorka Lomeña, and whose contact details are:
Address:
Behobia Neighborhood nº49
20305 Irún Gipuzkoa
Contact phone: + 34 943 63 65 18
Contact email: web@lomenak.com
II. GENERAL TERMS AND CONDITIONS OF USE
The subject matter of the terms: The Website
The purpose of these General Terms and 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 screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that it offers to Users (hereinafter, Services).
www.lomenak.com reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time www.lomenak.com 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 general rule, is free of charge without the User having to provide any consideration in order to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be made by means of the User’s prior subscription or registration.
The User
Access, browsing and use of the Website, as well as through the spaces enabled for interaction between Users, and the User and www.lomenak.com, such as comments and/or blogging spaces, confers the status of User, so that all the Conditions established herein are accepted, from the moment browsing the Website begins. as well as their subsequent amendments, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them every time they visit the Website.
The www.lomenak.com Website provides a wide variety of information, services and data. The User assumes his/her responsibility for making correct use of the Website. This responsibility shall extend to:
- A use of the information, Content and/or Services and data offered by www.lomenak.com without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may imply damage to the rights of third parties or to the very operation of the Website.
- The veracity and legality of the information provided by the User in the forms provided by www.lomenak.com for access to certain Content or Services offered by the Website. In any case, the User will immediately notify www.lomenak.com about any event 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 their immediate cancellation.
www.lomenak.com reserves the right to remove 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 security or that, in its opinion, are not suitable for publication.
In any case, www.lomenak.com 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 any type of commercial relationship between www.lomenak.com and the User.
Always in compliance with current legislation, this www.lomenak.com Website is aimed at all persons, regardless of their age, who may access and/or browse the pages of the Website.
The Website is mainly aimed at Users residing in Spain. www.lomenak.com does not guarantee that the Website complies with the laws of other countries, either in whole or in part. If the User resides or has his domicile in another place and decides to access and/or browse the Website, he will do so under his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable to him, not assuming www.lomenak.com any responsibility that may arise from such access.
III. ACCESS TO AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY
www.lomenak.com does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. www.lomenak.com will make every effort to ensure the proper functioning of the Website, however, it is not responsible for or guarantee that access to this Website will not be uninterrupted or error-free.
Neither is it responsible or guaranteed that the content or software that can be accessed through this Website is free of error or causes damage to the User’s computer system (software and hardware). Under no circumstances will www.lomenak.com liable for any loss, damage or harm of any kind arising from access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
www.lomenak.com is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it cannot be held responsible in any way for any failures, interruptions, lack or defect of telecommunications that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
In compliance with the provisions of current legislation, www.lomenak.com undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
Laws incorporated in 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 5 December, on the Protection of Personal Data and guarantee of digital rights.
- Royal Decree 1720/2007, of 21 December, approving the Regulations for the development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the controller of personal data
The data controller of the personal data collected in www.lomenak.com is: Gorka LomeñaDATOS (hereinafter, Data Controller). Their contact details are as follows:
Address:
Behobia Neighborhood nº49
20305 Irún Gipuzkoa
Contact phone: + 34 943 63 65 18
Contact email: web@wp_lantalau
Data Protection Officer (DPO)
The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which they are subject www.lomenak.com. The User may contact the DPO designated by the Data Controller using the following contact details: web@lomenak.com.
Registration of Personal Data
The personal data collected by www.lomenak.com, through the forms provided on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Registry of the Data Protection Agency that can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es). in order to be able to facilitate, expedite and comply with the commitments established between www.lomenak.com and the User or the maintenance of the relationship established in the forms that the User fills in, or to respond to a request or query from the User.
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 lawfulness, loyalty and transparency: the User’s consent will be required at all times after completely transparent information of the purposes for which the personal data are collected.
- Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimisation: 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 storage period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its processing.
- Principle of integrity and confidentiality: personal data will be processed in a way that guarantees its security and confidentiality.
- Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.
Categories of Personal Data
The categories of data processed in www.lomenak.com are only identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for processing personal data
The legal basis for the processing of personal data is consent. www.lomenak.com undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.
On the occasions in which the User must or can provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed in the event that 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 are intended
Personal data are collected and managed by www.lomenak.com 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 in 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 of the corporate purpose of www.lomenak.com, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the 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, the use or uses that will be given to the information collected.
Retention periods for personal data
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: 12 months, or until the User requests their deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will be shared with the following recipients or categories of recipients:
None
In the event that the Data Controller intends to transfer personal data to a third country or international organisation, at the time the personal data is obtained, the User will be informed about the third country or international organisation to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.
Personal data of minors
In compliance with the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent for the processing of their personal data lawfully by www.lomenak.com. If the child is under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
www.lomenak.com undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to prevent 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.
However, because www.lomenak.com 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 notify the User without undue delay when a breach of the security of personal data occurs that is likely to entail a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as any security breach that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to guarantee 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 derived from the processing of personal data
The User has the following rights recognised in the GDPR over www.lomenak.com and may therefore exercise the following rights recognised in the GDPR against the Data Controller:
- Right of access: This is the User’s right to obtain confirmation as to whether or not their personal data is www.lomenak.com being processed and, if so, to obtain information on their specific personal data and the processing that has www.lomenak.com carried out or is being carried out, as well as, among others, the information available on the origin of said data and the recipients of the communications made or planned to do so.
- Right to rectification: This is the User’s right to have their personal data modified that turn out to be inaccurate or, taking into account the purposes of the processing, incomplete.
- Right to erasure (“the right to be forgotten”): It is the User’s right, 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 their consent to the processing and it has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its implementation, must take reasonable steps to inform the Data Controllers who are processing the personal data of the data subject’s request to delete any link to that personal data.
- Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when contesting the accuracy of his/her 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 from the Data Controller his/her personal data in a structured, commonly used and machine-readable format, and to transmit them to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
- Right of opposition: This is the User’s right not to have their personal data processed or to cease processing them by www.lomenak.com.
- Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided for by applicable law.
Thus, the User may exercise his/her rights by written communication addressed to the Data Controller with the reference “GDPR-xxx_ruta_web”, specifying:
- Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary to identify the person representing 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 legally valid means that proves identity.
- Request with the specific reasons for the request or information to be accessed.
- Address for the purpose of notifications.
- Date and signature of the applicant.
- Any document that proves the request made.
This application and any other attached documents may be sent to the following address and/or e-mail:
Postal address:
Behobia Neighborhood nº49
20305 Irún Gipuzkoa
Contact email: web@lomenak.com
Links to Third-Party Websites
The Website may include hyperlinks or links that allow access to websites of third parties other than www.lomenak.com, and which are therefore not operated by www.lomenak.com. The owners of these websites will have their own data protection policies, and they will be 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 infringement of the regulations in force in the way in which their personal data is being processed, they will have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular, in the State in which they have their 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 for the User to have read and agree with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their 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.
www.lomenak.com 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 22 October 2019 to adapt to 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).
V. COOKIE 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 that may be used to browse – so that the server remembers certain information that will later be read only by the server that implemented it. Cookies make browsing easier, friendlier, and do not damage your browsing device.
Cookies are automatic procedures for collecting information relating to the preferences determined by the User during their visit to the Website in order to recognise them as a User, and to personalise their experience and use of the Website, and they can also, for example, help to 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 spent on the Website and the sites visited just before and after the Website. However, no cookie allows it to be contacted with the User’s telephone number or with 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 a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User’s consent will be required for the use of the same. This consent will be communicated, based on an authentic choice, offered by an affirmative and positive decision, prior to the initial, removable and documented treatment.
First-party cookies
These are those cookies that are sent to the User’s computer or device and managed exclusively by www.lomenak.com for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your User experience. These cookies allow the User to be recognised as a recurring visitor to the Website and to adapt the content to offer content that suits their preferences.
Third-party cookies
These are cookies used and managed by external entities that provide www.lomenak.com services requested by the same 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 analyse browsing information, i.e. how the User interacts with the Website.
The information obtained refers, for example, to the number of pages visited, the language, the place where 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 Content and/or service of optimal quality. In any case, the information is collected anonymously and reports are prepared on trends of the Website without identifying individual users.
You can obtain more information about cookies, information on privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. at the following link(s):
Google Analytics
The entity(ies) in charge of providing cookies may transfer this information to third parties, provided that it is required by law or a third party processes this information for such entities.
Social media cookies
www.lomenak.com incorporates social network plugins, which allow access to them from the Website. For this reason, social media cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookies policies, and in each case they are 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 links where these privacy and/or cookie policies can be consulted are indicated below:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/es/privacy
Instagram: https://help.instagram.com/1896641480634370?ref=ig
Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx
Google+: https://policies.google.com/technologies/cookies?hl=es
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies
The User can disable, reject and delete the cookies – in whole or in part – installed on their device through the settings of their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser they are using. In the event that you refuse the use of cookies – in whole or in part – you may continue to use the Website, although you may be limited in the use of some of its features.
Changes to the Cookie Policy
It is possible that the Website’s Cookies Policy may change or be updated, so it is recommended that the User review this policy every time they access the Website in order to be adequately informed about how and for what purpose we use cookies.
VI. LINKING POLICY
It is reported that the www.lomenak.com 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 belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to facilitate the Users’ search for and access to the information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
www.lomenak.com 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.
www.lomenak.com in no case will it review or control the content of other websites, nor does it approve, examine or endorse the products and services, contents, files and any other material existing in the aforementioned linked sites.
www.lomenak.com does not assume any 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 www.lomenak.com and that are linked to this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the www.lomenak.com Website must know that:
The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorisation of www.lomenak.com.
Any false, inaccurate or incorrect statement about the www.lomenak.com Website, or about the Contents and/or Services thereof, is not allowed.
With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorised by www.lomenak.com.
The establishment of the hyperlink does not imply the existence of a relationship between www.lomenak.com and the owner of the website from which it is made, nor the knowledge and acceptance of www.lomenak.com of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
www.lomenak.com by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including but not limited to, images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, etc.). computer programs necessary for their operation, access and use, etc.). 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 relating to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method 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 authorisation of www.lomenak.com, are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of www.lomenak.com. You may 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, provided that 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 constitutes a violation of intellectual property protection rights, they must immediately notify www.lomenak.com through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
www.lomenak.com reserves the right to file any civil or criminal actions 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 www.lomenak.com 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 disputes to the ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with the law.
Last modified: December 12, 2020