Legal warning

1) Identification

This legal notice regulates the use of the website “www.macoyacht.com” (hereinafter, THE WEB), owned by Maco Yacht SL (hereinafter, OWNER OF THE WEB).

The OWNER OF THE WEB, 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: Maco Yacht SL
Its CIF is: B67783126
Its registered office is at: Avenida Barranco de las Torres, 10 – OFFICE 2 A, LOS, Adeje, 38670, Tenerife

To communicate with us, we put at your disposal different means of contact that we detail below:

Email: [email protected]
Phone: +34 623 41 07 94

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

2) Users

The access and/or use of this portal by the OWNER OF THE WEBSITE, creator of the site, attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected here. The aforementioned Conditions will be applicable regardless of the General Conditions of Contract that, if applicable, are mandatory.

3) Use of the Portal

The website and its services are free and open access, however, the OWNER OF THE WEB conditions the use of some of the services offered on its website to the prior completion of the corresponding form, to become a user of the portal.

The user guarantees the authenticity and timeliness of all data communicated to the OWNER OF THE WEBSITE and will be solely responsible for any false or inaccurate statements made.

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

  1. Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, advocating terrorism or, in general, contrary to law or public order.
  2. 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 WEBSITE OWNER 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.
  3. Attempt to access the email accounts of other users or restricted areas of the computer systems of the WEBSITE OWNER or third parties and, where appropriate, extract information.
  4. Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the OWNER OF THE WEB or of third parties.
  5. Impersonate the identity of another user, public administrations or a third party.
  6. Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights, or this is legally permitted.
  7. Collect data for advertising purposes and to send advertising of any kind and communications for sales or other purposes, of a commercial nature without your prior request or consent.

4) Privacy Policy

The OWNER OF THE WEB wants to inform users and customers of its website, the policy carried out regarding the treatment and protection of personal data of those people who voluntarily use the contact forms to contact the OWNER OF THE WEB, as well as access to its own page, which implies the communication of your personal data to the OWNER OF THE WEB.

A.- Identification of the data controller.

The OWNER OF THE WEB, provided with CIF B88640073, informs the user and client of its website of the existence of an automated personal data activities registry called CLIENTS, where the personal data that the user and the client are collected and stored. communicate in order to manage your request.

B.- Updating of policies.

The OWNER OF THE WEB will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or with the purpose of adapting said policy to the instructions issued by the Agency of Protection of Data or legitimate object of any modification of this policy, notwithstanding the foregoing, it will be published and warned on the website of the OWNER OF THE WEB.

For all of the above, the OWNER OF THE WEB, recommends users to periodically read these policies in order to be able to know the changes that are made in them.

C.- Purpose of the Activities Register.

The OWNER OF THE WEB does not request data on its website from Internet users who visit it, except for merely identifying data, therefore, the communication of personal data by the user to the OWNER OF THE WEB through its website can only It is understood that it will take place when they voluntarily use the contact form service or other means of communication to get in touch with the OWNER OF THE WEB, since in these cases the data processing is inevitable and implicit to the communication system. For these cases and those described in the following section, the entity informs the client that the processing of the data is carried out with the following purposes: Carry out all the procedures related to the preparation of budgets, contracting and provision of services of the OWNER OF THE WEB, to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as attending and answering the communications received and those of commercial prospecting to keep users informed of possible promotions.

D.- Consent.

It is reported that, when the user does not maintain commercial relations with the OWNER OF THE WEB, and sends an email or a communication to the OWNER OF THE WEB, indicating other personal data, said user will be giving his free, unequivocal consent, specific, informed and express for the treatment of your personal data by the OWNER OF THE WEB, with the purposes established above, as well as attending to your communication or sending documentation.

For the same purposes, the OWNER OF THE WEBSITE informs that, if the client sends an email or communicates to the OWNER OF THE WEBSITE his personal data due to the position he occupies in a company, either as an administrator, manager, representative and/or or any other position as a contact person in the company, it will be understood that such communication entails the provision of your free, unequivocal, specific, informed and express consent for the processing of your personal data by the OWNER OF THE WEB, with the established purposes previously.

E.- Identification of the recipients with respect to which the OWNER OF THE WEB plans to make assignments or access data on behalf of third parties.

The OWNER OF THE WEB only plans to carry out transfers or communications of data due to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Organic Law 3/2018 of December 5 Protection of Personal Data and guarantee of digital rights (hereinafter RGPD) must be carried out to meet its obligations with Public Administrations, Organizations or persons directly related to the OWNER OF THE WEB, in the cases that are required in accordance with the Legislation in force in each matter and at any time or in the cases in which you have expressly consented.

Likewise, the OWNER OF THE WEB informs the user that any other transfer of data that must be made will be brought to their attention when the RGPD so provides, informing them expressly, precisely and unequivocally of the recipients of the information, of the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the RGPD establishes it, previously, the specific and informed unequivocal consent of the user will be requested.

However, the OWNER OF THE WEBSITE informs the user and the client that any processing of personal data is subject to the current legislation in Spain regarding data protection, established by the RGPD and its complementary and development regulations. In this sense, the OWNER OF THE WEBSITE is only responsible and guarantees the confidentiality of the personal data requested from the user through the website.

F.- Data quality.

The OWNER OF THE WEBSITE warns the user that except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user must at all times take into account that they can only include personal data corresponding to your own identity and that is adequate, pertinent, current, exact and true. For such purposes, the user will be solely responsible for any damage, direct and/or indirect, caused to third parties or to the OWNER OF THE WEB, due to the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party, will respond to the third party for the information obligation established in the RGPD for when the personal data has not been collected from the interested party, and/or for the consequences of not having informed him.

G.- Exercise of the rights of Access, Rectification, Limitation of the treatment, Portability, Cancellation, Opposition of the treatment and Deletion of the data.

The OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights of access, rectification, treatment limitation, portability, opposition to the treatment and deletion of their data as well as the right to file a claim with the Control Authority by written address to the OWNER OF THE WEB at the following address: Avenida Barranco de las Torres, 10 – OFFICE 2 A, LOS, Adeje, 38670, Tenerife or by mail addressed to [email protected], enclosing in both cases your DNI or identity card .

H.- Use of forms for the collection of personal data.

In the existing contact forms on the web, where personal data is collected, the user must expressly consent and prior to sending them, the acceptance and knowledge of the privacy policy by completing the check « I have read and accept the privacy policy”, and whose content you can access through the attached link that will send you this legal notice. If the check field is not marked by the user, the data contained in said forms will not be sent.

I.- Security measures adopted in relation to the processing of personal data.

The OWNER OF THE WEBSITE informs the user that, in accordance with the provisions of the RGPD, it has adopted the necessary technical and organizational measures to guarantee the security of personal data and avoid alteration, loss, treatment or unauthorized access. authorized, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. Likewise, the OWNER OF THE WEB guarantees the user compliance with the duty of professional secrecy regarding the personal data of the users and the duty to save them.

J.- More information on privacy policy.

If you want to obtain more information about our privacy policy, you can click on the following link on our website (indicate the link to the second layer privacy policy that we send you)

5) Intellectual and Industrial Property

By virtue of the provisions of the current legislation regulating Intellectual Property, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the OWNER OF THE WEB.

All the contents of the website, constitute a work whose property belongs to the OWNER OF THE WEB, without any of the exploitation rights over them being transferred to the user, 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 subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to no commercial 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 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 on which it is established, nor the acceptance and approval by the OWNER OF THE WEB of its contents or services. Those persons who intend to establish a hyperlink must previously request written authorization from the OWNER OF THE WEB. In any case, the hyperlink will only allow access to the home page or home page of our website, and you must also refrain from making false, inaccurate or incorrect statements or indications about the OWNER OF THE WEB, or include illegal, contrary content. to good customs and public order. The OWNER OF THE WEBSITE 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.

6) Exclusion of Warranties and Responsibility

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 purpose.

The OWNER OF THE WEB excludes, to the extent permitted by law, any liability for damages of any nature arising from:

The impossibility of accessing the website or the lack of veracity, accuracy, exhaustiveness and/or timeliness of the contents, as well as the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available to those who 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 honour, personal and family privacy and to one’s own image, as well as the regulations on unfair competition and illicit advertising.

7) Modification of these Conditions and Duration

The OWNER OF THE WEB may at any time modify the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be valid until they are modified by others duly published.

8) Links

The OWNER OF THE WEB declines any responsibility regarding the information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website, exclusively to inform the user about the existence of other sources likely to expand the content offered by this website.

The OWNER OF THE WEB does not guarantee or take responsibility 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. The OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.

9) Right of Exclusion

The OWNER OF THE WEB reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use of the Portal.

10) Generalities

In the event that any user or third party considers that there are facts or circumstances that reveal the illicit 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 himself, specifying the alleged infractions and expressly declaring and under his responsibility that the information provided in the notification is accurate.

11) Publications

The administrative information provided through the website does not replace the legal publicity of the laws, regulations, plans, general provisions and acts that have to be formally published in the official newspapers of the 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.

12) Applicable Law and Jurisdiction.

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the user’s domicile.

In the event that the user is domiciled outside of Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the WEBSITE OWNER.

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