LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.bgupgrade.com

  1. GENERAL INFORMATION

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

The ownership of this website, www.bgupgrade.com, (hereinafter, Website) is held by: Isaac Ruiz, with NIF: 469651631M, and whose contact details are:

Address: Torre dels pardals 96 Entresuelo 08032 Barcelona Contact phone: 938313671 Contact email: [email protected]

  1. GENERAL TERMS AND CONDITIONS OF USE


The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the following shall be understood as a Website: the external appearance of the screen interfaces, both statically and dynamically, that is, 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 that may be offered to Users (hereinafter, Services).

BGUP reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated into it. The User acknowledges and accepts that at any time BGUP 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 without the User having to provide a consideration in order to enjoy it, except for the cost of connection through the supplied telecommunications network. by the access provider that the User has contracted.

The use of any of the Contents or Services of the Website may be made through the subscription or prior registration of the User.

The user

Access, navigation and use of the Website confers the condition of User, for which reason all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment the navigation on the Website is started, without prejudice to the application of the corresponding mandatory legal regulations as appropriate. Given the relevance of the above, the User is recommended to read them each time they visit the Website.

The BGUP Website provides a wide variety of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility will extend to:

  • A use of the information, Contents and / or Services and data offered by BGUP without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause damage to the rights of third parties or of the same functioning of the Website.
  • The veracity and legality of the information provided by the User in the forms issued by BGUP for access to certain Content or Services offered by the Website. In any case, the User will immediately notify BGUP of any fact that allows the improper use of the information registered in said forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and / or or passwords, in order to proceed with its immediate cancellation.

Mere access to this Website does not imply any kind of commercial relationship between BGUP and the User.

Always in compliance with current legislation, this BGUP Website is aimed at all people, regardless of age, who can access and / or navigate through the pages of the Website.


III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND LIABILITY

BGUP does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. BGUP will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or that it is error-free.

Neither is it responsible or guarantees 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 case will BGUP be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of virus.

BGUP is also not responsible for any damage that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of the telecommunications that may occur.

  1. PRIVACY POLICY AND DATA PROTECTION

Respecting the provisions of current legislation, BGUP undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that incorporate 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 standards:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data (RGPD).
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the treatment of personal data

The person responsible for the treatment of the personal data collected in BGUP is: Isaac Ruiz, with NIF: 469651631M (hereinafter, also Responsible for the treatment). Their contact details are as follows:

Address: Torre dels pardals 96 Entresuelo 08032 Barcelona Contact phone: 938313671 Contact email: [email protected]

Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by BGUP through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and fulfill the commitments established between BGUP and the User or the maintenance of the relationship established in the forms that it fills out, or to attend to a request or consultation thereof. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD is applicable, a record of treatment activities is maintained that specifies, according to its purposes, the treatment activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The treatment of the User’s personal data will be subject to the following principles set forth in article 5 of the RGPD:

  • Principle of legality, loyalty and transparency: the consent of the User will be required at all times after completely transparent information on the purposes for which the personal data is collected.
  • Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected will only be strictly necessary in relation to the purposes for which it is processed.
  • Principle of accuracy: personal data must be exact and always updated.
  • Principle of limitation of the conservation period: personal data will only be kept in such a way that the identification of the User is allowed for the time necessary for the purposes of its treatment.
  • Principle of integrity and confidentiality: personal data will be treated 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 met.

Categories of personal data

The categories of data that are treated in BGUP are only identifying data. In no case, special categories of personal data are treated within the meaning of article 9 of the RGPD.

Legal basis for the treatment of personal data

The legal basis for the treatment of personal data is consent. BGUP undertakes to obtain the express and verifiable consent of the User for the treatment of their personal data for one or more specific purposes.

The User will have the right to withdraw their 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 when the User must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed in case the completion of any of them is mandatory. Because they are essential for the proper development of the operation carried out.

Purposes of the treatment to which the personal data is destined

Personal data is collected and managed by BGUP in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fill out or to meet a request. or consult.

Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities proper to the corporate purpose of BGUP, 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 Website.

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

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only for the following period: 2 years, or until the User requests its deletion.

When the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when 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:

Mailchimp Google

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the intention to transfer the data, as well as the existence or absence of an adequacy decision of the Commission.

Personal data of minors

Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by BGUP. If it is a child under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secret and security of personal data

BGUP undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to guarantee the security of personal data and avoid accidental or unlawful destruction, loss or alteration. personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted in a secure and confidential way, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted .

However, because BGUP 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 communicate to the User without undue delay when a violation of the security of personal data that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with the provisions of article 4 of the RGPD, a breach of the security of personal data is understood to be any breach of security caused by the accidental or unlawful destruction, loss or alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to such data.

The personal data will be treated as confidential by the Data Controller, who undertakes to inform of and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it is accessible. information.

Rights derived from the processing of personal data

The User has BGUP and may, therefore, exercise the following rights recognized in the RGPD against the Data Controller:

  • Right of access: It is the User’s right to obtain confirmation of whether or not BGUP is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that BGUP has carried out or is performing, as well as, among others, of the information available on the origin of said data and the recipients of the communications made or planned for them.
  • Right of rectification: It is the right of the User to modify their personal data that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
  • Right of erasure (“the right to be forgotten”): It is the right of the User, provided that the 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 his consent to the treatment and this does not have any other legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been illicitly processed; personal data must be deleted in compliance with a legal obligation; or personal data has 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 Data Controller, taking into account the available technology and the cost of its application,
  • Right to limitation of treatment: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when they challenge the accuracy of their personal data; the treatment is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
  • Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive from the Data Controller their personal data in a structured format, in common use and machine-readable, and to transmit them to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other data controller.
  • Right of opposition: It is the right of the User to not carry out the treatment of their personal data or to stop the treatment of them by BGUP.
  • Right not to be 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 automated processing of their personal data, including profiling, existing unless the current legislation establishes otherwise.

Thus, the User may exercise their rights through written communication addressed to the Data Controller with the reference “RGPD-www.bgupgrade.com”, specifying:

  • Name, surname of the User and copy of the DNI. In cases where the 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 DNI may be replaced, by any other valid means in law that proves the identity.
  • Request with the specific reasons for the request or information that you want to access.
  • Address for notification purposes.
  • Applicant’s date and signature.
  • Any document that accredits the request you make.

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

Postal address: Torre dels pardals 96 Entresuelo 08032 Barcelona Email: [email protected]

Links to third party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than BGUP, and therefore are not operated by BGUP. 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.

Claims before the supervisory authority

In the event that the User considers that there is a problem or infringement of the current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State where you have your habitual residence, place of work or place of the alleged offense. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes in 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 that they accept the treatment of their personal data so that the Data Controller can proceed to it in the form, during the terms and for the indicated purposes. The use of the Website will imply the acceptance of its Privacy Policy.

BGUP 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 Agency for Data Protection. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on May 7, 2020 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to treatment. of personal data and the free movement of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD)

  1. COOKIES 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 will subsequently be read only by the server that implemented it. Cookies facilitate navigation, make it more user-friendly, and do not harm the navigation device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and to personalize his experience and use of the Website, and may 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 you have been on the Website and the sites visited just before and after it. 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 identify a person are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the use of the same will require the consent of the User. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.

Own cookies

Are those cookies that are sent to the User’s computer or device and managed exclusively by BGUP for the best operation of the Website. The information that is collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and adapt the content to offer content that meets their preferences.

Third party cookies

They are cookies used and managed by external entities that provide BGUP with services requested by it 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 analyze browsing information, that is, 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 who access, the frequency and recurrence of visits, the visit time, 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 a Content and / or service of the highest quality. In any case, the information is collected anonymously and trend reports from the Website are prepared without identifying individual users.

You can obtain more information about cookies, information about privacy, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link (s):

Google analytics

The entity (ies) in charge of supplying cookies may transfer this information to third parties, provided that it is required by law or that a third party is processing this information for said entities.

Disable, reject and delete cookies

The User can disable, reject and delete the cookies – totally or partially – installed on his device through the configuration of his browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must go to the instructions provided by the Internet browser they are using. In the event that you reject the use of cookies – totally or partially – you can continue to use the Website, although you may have limited use of some of its features.

Changes in Cookies Policy

It is possible that the Cookies Policy of the Website changes or is updated, therefore it is recommended that the User review this policy each time they access the Website in order to be adequately informed about how and why we use cookies.


SAW. LINKS POLICY

It is reported that the BGUP Website makes or can make available to Users link means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access belonging websites and / or or managed by third parties.

The purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for and access the information available on the Internet, without considering it as a suggestion, recommendation or invitation to visit them. .

BGUP does not offer or market on its own 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 links.

BGUP will in no case review or control the content of other websites, nor does it endorse, examine or endorse the products and services, content, files and any other material existing on the linked sites.

BGUP does not assume any responsibility for the 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 BGUP and that are linked on this Website.

The User or third party that makes a hyperlink from a web page of another, different, website to the BGUP Website must know that:

The reproduction – totally or partially – of any of the Contents and / or Services of the Website is not allowed without the express authorization of BGUP.

No false, inaccurate or incorrect statement is allowed on the BGUP Website, nor on the Contents and / or Services thereof.

Except for 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, except with the express authorization of BGUP.

The establishment of the hyperlink will not imply the existence of relationships between BGUP and the owner of the website from which it is made, nor the knowledge and acceptance of BGUP of the content, services and / or activities offered on said website, and vice versa.


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

BGUP and its affiliates by themselves or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of used materials, 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 both the Spanish and community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of BGUP or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of BGUP or its Affiliates.

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

The User agrees to respect the intellectual and industrial property rights of BGUP and its affiliates. You can view the elements of the Website or even print, copy and store them on your computer’s hard drive or any other physical medium as long as 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 the rights of protection of intellectual property, they must immediately notify BGUP through the contact information in the GENERAL INFORMATION section of this Notice. Legal and General Conditions of Use.


VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

BGUP reserves the right to file civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and BGUP will be governed by current regulations and applicable in Spanish territory. If any controversy arises in relation to the interpretation and / or the application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the corresponding judges and courts.

Last modification: May 7, 2020

Scroll to Top