LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.swingersclub-majorca.com

I. GENERAL INFORMATION

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

The ownership of this website, www.swingersclub-majorca.com, (hereinafter referred to as the Website) is held by you: LIVE & LOVE MALLORCA S.L., NIF: B 57887051 and registered in: Palma de Mallorca with the following registration data: TOMO: 2593 LIBRO: 0 FOLIO: 15 LEAF: PM-75154 INSCRIP 3, whose representative is: Sascha Werthmann, Michaela Plat and Lukas Grüter, and whose contact details are:

Address:
C./ Garsa 11
07610 Can Pastilla / Mallorca
Contact telephone: +34 634 34 56 69
Contact email: info@liveandlovemallorca.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Web Site

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

Live & Love Mallorca SL 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 Live & Love Mallorca SL may at any time interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, it is free without the User having to provide any consideration in order 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 Web Site may be done by subscription or prior registration of the User.

The User

The access, navigation and use of the Website, as well as the spaces set up to interact between the Users and the User and Live & Love Mallorca SL, as well as the comments and/or blogging spaces, confers the condition of User, for which reason they accept, from the moment navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be. Given the relevance of the foregoing, it is recommended that the User read them each time he or she visits the Website.

The Live & Love Mallorca SL website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

A use of the information, Content and/or Services and data offered by Live & Love Mallorca SL without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may violate the rights of others or the operation of the Website.
The veracity and legality of the information provided by the User in the forms issued by Live & Love Mallorca SL for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Live & Love Mallorca SL of any fact that allows the improper use of the information recorded in these forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation.

Live & Love Mallorca SL reserves the right to withdraw all comments and contributions that violate the law, respect for human dignity, are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or safety or that, in their opinion, are not suitable for publication.

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

Access to this Website does not imply any commercial relationship between Live & Love Mallorca SL and the User.

The User declares that he/she is of legal age and has sufficient legal capacity to be bound by these Conditions. Therefore, this Live & Love Mallorca SL Web Site is not directed to minors. Live & Love Mallorca SL disclaims any liability for failure to comply with this requirement.

The Web Site is intended primarily for Users residing in Spain. Live & Love Mallorca SL does not warrant that the Web Site will comply with all or any part of the laws of other countries. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website at his/her own risk, he/she must ensure that such access and browsing complies with the local legislation applicable to him/her, Live & Love Mallorca SL not assuming any responsibility that may arise from such access.

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

Live & Love Mallorca SL does not guarantee the continuity, availability or usefulness of the Web Site, Content or Services. Live & Love Mallorca SL will do everything possible to ensure the proper functioning of the Website; however, Live & Love Mallorca SL is not responsible for and does not guarantee that access to this Website will not be uninterrupted or error-free.

Neither is it responsible for, nor does it guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). In no event shall Live & Love Mallorca SL be liable for any loss, damage or injury 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.

Live & Love Mallorca SL is also not responsible for any damages that may be caused to users by improper use of this Web Site. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting what is established in current legislation, Live & Love Mallorca SL 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 the Spanish and European regulations in force regarding the protection of personal data on the Internet. In particular, it complies with the following standards:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
Royal Decree 1720/2007, of 21 December, approving the Regulations implementing 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 party responsible for processing personal data

The person responsible for processing personal data collected in Live & Love Mallorca SL is: LIVE & LOVE MALLORCA S.L., provided with NIF: B 57887051 and registered in: Palma de Mallorca with the following registry data: VOLUME: 2593 BOOK: 0 FOLIO: 15 LEAF: PM-75154 INSCRIP 3, whose representative is: Live & Love Mallorca S.L. (hereinafter, also Responsible for the treatment). Your contact details are as follows:

Address
C./ Garsa 11
07610 Can Pastilla
Contact telephone: +34 634 34 56 69
Contact email: info@liveandlovemallorca.com

Data Protection Officer (DPD)

The Data Protection Officer (DPD, or DPO) is responsible for ensuring compliance with data protection regulations to which Live & Love Mallorca SL is subject. The User may contact the DPD designated by the Controller using the following contact details: info@liveandlovemallorca.com.

Registration of Personal Data

The personal data collected by Live & Love Mallorca SL, by means of the forms extended in its pages, will be introduced in an automated file under the responsibility of the Person in charge of the treatment, and duly declared and inscribed in the General Registry of the Agency of Protection of Data that can be consulted in the web site of the Spanish Agency of Protection of Data (http://www.agpd.es), with the purpose of being able to facilitate, to make agile and to fulfill the commitments established between Live & Love Mallorca SL and the User or the maintenance of the relation that is established in the forms that this fills up, or to take care of a request or consultation of the same one.

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 RGPD:

Principle of legality, loyalty and transparency: the User’s consent shall be required at all times after fully transparent information on the purposes for which the personal data are collected.
Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will be only 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 such a way as to allow identification of the User for the time necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data will be treated in such a way as to guarantee its security and confidentiality.
Principle of proactive responsibility: the controller shall be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed by Live & Love Mallorca SL are both identifying data and special categories of personal data within the meaning of article 9 of the RGPD.

Special categories of personal data are defined as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, and the processing of genetic data, biometric data intended to uniquely identify a natural person, data relating to health or data relating to the sexual life or sexual orientation of a natural person.

For the processing of special categories of personal data, the explicit consent of the User for one or more specific purposes will be necessary in any case.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Live & Love Mallorca SL 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 its consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent will not condition your use of the Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, will be informed in case the completion of any of them is mandatory because they are essential for the proper conduct of the operation.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by Live & Love Mallorca SL in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship that is established in the forms that the latter fills or to address a request or query.

Similarly, the data may be used for commercial purposes of personalization, operational and statistical, and activities of the corporate purpose of Live & Love Mallorca SL, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Web Site.

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.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 12 months, or until the User requests its deletion.

At the time of collection of personal data, the User shall be informed of the period during which the personal data will be stored or, where this is not possible, of 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:

Live & Love Mallorca SL
Calle de la Garza 11
07610 Can Pastilla
info@liveandlovemallorca.com

If the controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the personal data are collected of the third country or international organisation to which the data are intended to be transferred and of the existence or absence of an adequacy decision by the Commission.

Personal data of minors

Respecting the provisions of Articles 8 of the RGPD and 13 of RDLOPD, only those over the age of 14 may give their consent for the processing of their personal data lawfully by Live & Love Mallorca SL. In the case of a child under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and the treatment will only be considered lawful to the extent that the parents or guardians have authorised it.

Secrecy and security of personal data

Live & Love Mallorca SL 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 ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

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

However, because Live & Love Mallorca SL cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to inform the User without undue delay when a breach of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with article 4 of the RGPD, a breach of the security of personal data is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or in the unauthorised communication of or access to such data.

Personal data will be treated as confidential by the Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that this confidentiality will be respected by its employees, partners, and any person to whom he makes the information accessible.

Rights deriving from the processing of personal data

The User has over Live & Love Mallorca SL and may, therefore, exercise against the Controller the following rights recognized in the RGPD:

Right of Access: It is the User’s right to obtain confirmation as to whether or not Live & Love Mallorca SL is processing their personal data and, if so, to obtain information about their specific personal data and the treatment that Live & Love Mallorca SL has carried out or is carrying out, as well as, among others, the available information about the origin of said data and the addressees of the communications carried out or planned thereof.
Right of rectification: It is the User’s right to have his/her personal data modified if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right of suppression (“the right to oblivion”): It is the right of the User, provided that the legislation in force does not establish the contrary, to obtain the deletion of his/her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and this has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue processing; the personal data have been unlawfully processed; the 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 child under 14 years of age. In addition to deleting the data, the controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the controllers processing the personal data of the data subject’s request for deletion of any link to such personal data.
Right to limitation of processing: This is the right of the User to limit the processing of his/her personal data. The User has the right to obtain the limitation of the processing when he/she challenges the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the processing.
Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Controller his personal data in a structured format, of common use and mechanical reading, and to transmit them to another controller. Whenever technically possible, the data controller will transmit the data directly to that other controller.
Right of opposition: It is the right of the User not to carry out the processing of their personal data or cease the processing of them by Live & Love Mallorca SL.
Right not to be the object of a decision based solely on automated processing, including profiling: It is the right of the User not to be the object of an individualized decision based solely on the automated processing of personal data, including profiling, existing unless current legislation provides otherwise.

Therefore, the User may exercise his/her rights by means of a written communication addressed to the Responsible of the treatment with the reference “RGPD-www.liveandlovemallorca.com”, specifying:

Name, surname of the User and copy of the DNI. In cases where representation is allowed, identification by the same means of the person representing the User, as well as the document accrediting representation, will also be necessary. The photocopy of the DNI may be replaced by any other means valid in law that proves identity.
Request with the specific reasons of the request or information to which you want to access.
Address for notification purposes.
Date and signature of the applicant.
Any document that accredits the request that it formulates.

This application and any other accompanying documents may be sent to the following address and/or e-mail address:

Postal address:
C./ Garsa 11
07610 Can Pastilla
E-mail: info@liveandlovemallorca.com

Links to third party websites

The Website may include hyperlinks or links that allow access to the websites of third parties other than Live & Love Mallorca SL, and which are therefore not operated by Live & Love Mallorca SL. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which their personal data are being processed, they shall be entitled to effective judicial protection and to lodge a complaint with a control 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 that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Controller can proceed to the same in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of the Website’s Privacy Policy.

Live & Love Mallorca SL reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a change in legislation, jurisprudence or doctrine 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 8 March 2019 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).

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 -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, friendlier, and don’t damage your navigation device.

Cookies are automatic procedures for collecting information regarding preferences determined by the User during his/her visit to the Web Site in order to recognize the User, and to personalize his/her experience and use of the Web Site, and may also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, pages viewed, time spent on the Website, and sites visited just before and just after the Website. However, no cookie allows it to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to form part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow an individual 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 necessary for the use of the same. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, prior to initial treatment, removable and documented.

Third-party Cookies

These are cookies used and managed by external entities that provide Live & Love Mallorca SL with services requested by Live & Love Mallorca SL in order to improve the Web Site and the user’s experience when navigating the Web Site. The main purposes for which third party cookies are used are to obtain access statistics and analyse navigational 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 to which the IP address from which the User accesses, the number of Users accessing, the frequency and repetition 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 to detect new needs in order to offer Users a Content and/or service of optimum quality. In any case, information is collected anonymously and Web Site trend reports are produced without identifying individual users.

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

Google Analytics:
https:developers.google.com/analytics/;
<font color=”#ffff00″>Sync by honeybunny <font color=”#ffff00″>https://help.optimizely.com/.

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

Social Network Cookies

Live & Love Mallorca SL incorporates social network plugins, which allow access to them from the Web Site. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, and in each case they themselves are responsible for their own files and their own privacy practices. The User must refer to them to be informed about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the following are the links where you can consult these privacy and/or cookie policies:

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=en-419&gl=mx

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

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

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

Disable, decline, and delete cookies

The User can disable, reject and delete the cookies -wholly or partially- installed in his device by means of the configuration of his browser (among which there are, 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 he/she is using. If you refuse the use of cookies – in whole or in part – you may continue to use the Website, although the use of some of its features may be limited.

Changes to Cookie Policy

It is possible that the Cookies Policy of the Web Site may change or be updated, so it is advisable that the User reviews this policy each time you access the Web Site in order to be properly informed about how and for what we use cookies.

VI BRIDGING POLICY

It is reported that the Web Site Live & Love Mallorca SL makes or may make available to Users means of link (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites owned and / or managed by third parties.

The installation of these links, directories and search engines on the Web Site is intended to facilitate Users’ search and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Live & Love Mallorca SL does not offer or market by itself or through third parties the products and / or services available on such linked sites.

It also does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through links.

Live & Love Mallorca SL in no case review or control the content of other websites, nor approve, examine or own the products and services, content, files and any other existing material on the linked sites.

Live & Love Mallorca SL does not assume any responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Live & Love Mallorca SL and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, web site to the Web Site of Live & Love Mallorca SL should know that:

It is not allowed the reproduction -total or partially- of any of the Contents and/or Services of the Web Site without express authorization of Live & Love Mallorca SL.

No false, inaccurate or incorrect statements may be made about the Live & Love Mallorca SL Web Site or its Contents and/or Services.

With the exception of the hyperlink, the website on which this hyperlink is established shall not contain any element of this Website, protected as intellectual property by Spanish law, unless expressly authorised by Live & Love Mallorca SL.

The establishment of the hyperlink shall not imply the existence of any relationship between Live & Love Mallorca SL and the owner of the website from which it is made, nor the knowledge and acceptance by Live & Love Mallorca SL of the contents, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Live & Love Mallorca SL, by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will be, therefore, works protected as intellectual property by the Spanish legal system, being applicable to both the Spanish and Community legislation in this field, as well as international treaties relating to the subject and signed by Spain.

All rights reserved. Under the provisions of the Law of Intellectual Property, are expressly prohibited the reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the permission of Live & Love Mallorca SL.

The User undertakes to respect the intellectual and industrial property rights of Live & Love Mallorca SL. 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 support provided that it is solely for your personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.

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In the event that the User or third party considers that any of the Contents of the Website involves a violation of intellectual property rights, it must immediately notify Live & Love Mallorca SL 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

Live & Love Mallorca SL reserves the right to bring any civil or criminal action it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.

The relationship between the User and Live & Love Mallorca SL shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to ordinary jurisdiction and submit to the corresponding judges and courts in accordance with the law.

Last modified: 8 March 2019