> Legal disclaimer
The owner of this website is Mireia Comas Franc, based at Carrer del Nord 79, Terrassa (08221), with ID number 45476192V, identified in compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and E-Commerce.
This policy is available at all times via the link from the website, called “Legal disclaimer”, and may be updated at any time, whether as a result of regulatory changes or to modify how the services are set up or the type of business carried out. Any changes that affect the provision of the service requested, or require consent from the parties involved, shall be notified 30 calendar days in advance so that those involved may adopt any measures they consider appropriate regarding said changes. Any access by the user to the services on the website or failure to notify their opposition to the changes after the notification period shall be construed as consent to the new conditions.
The terms and conditions below govern access to and use of each and every webpage located under the domain www.mireiacomas.com and any respective subdomains and subdirectories (the website) owned by said site, under the name Mireia Comas Franc, with ID number 45476192V and business address at Carrer del Nord 79, 08221 Terrassa.
Entering the website and using its contents and services shall be construed as full, unreserved acceptance of the General terms and conditions as published at the time the user enters the website.
If the user decides not to accept current conditions when accessing the website and/or using its contents and/or services, the visit shall be considered unauthorised.
1. General conditions
The purpose of these conditions is to govern access to and use of the website. For the purposes of these General conditions, the website shall be understood to be:
1. a) The look and feel of the on-screen interfaces, and their static and dynamic form (meaning the site architecture).
1. b) The elements that make up both the on-screen interfaces and the site architecture, including but not limited to any texts, images, sounds, databases, multimedia, interpretations, artistic executions, fixations, photographs, radio broadcasts and, in general, any creations or objects expressed by any means or media, known today or discovered in the future, whether or not they are protected under current legal regulations on intellectual or industrial property or by any analogous legal systems (the “Contents”) and any services or resources online that may be offered to users (the “Services”).
Mireia Comas Franc reserves the right to change the presentation and set up of the website and its contents and services at any time without prior notice. The user recognises and accepts that Mireia Comas Franc may discontinue, deactivate and/or remove any contents and/or services on the website at any time.
2. Specific conditions
Access to and use of certain contents and/or services may be subject to specific conditions, legal disclaimers, directives and regulations of use, of which the user will be notified beforehand, and which may in some cases substitute, complement and/or modify these General conditions (hereinafter the “Specific conditions”). Entering and using these contents and/or services shall therefore be construed as full, unreserved acceptance of the Specific conditions by which they are governed, as published at the time the user accesses them, with the Specific conditions automatically incorporated into these General conditions.
If there were any contradiction between the terms and conditions expressed in the General conditions and those in the Specific conditions, those of the latter shall always prevail solely with regard to the specific contents and/or services to which they apply.
2.1. Access to contents and services on the website
In order to access the website, the user must:
- Have network access, whether directly or indirectly through access devices.
- Pay any corresponding fees to access and connect to said network and have the computer equipment and systems necessary to do so, including a terminal suitable for this purpose (computer, smart phone, etc.) and a modem or other similar device.
In order to properly access, view and use specific contents and services of the website, users may need to download specific computer programs or other elements to their computer equipment. Said actions are at the sole discretion of the user and Mireia Comas Franc shall not be held liable for any issues that may arise as a result.
The user undertakes to not access contents and/or services on the website by means other than the on-screen interface provided by Mireia Comas Franc for such purposes.
Mireia Comas Franc may require users to fill in a registration or contact form in order to access some contents and/or services. In these cases, users must provide the information requested. Regarding the registration process, the user undertakes to:
Provide truthful, correct and complete information regarding their identity and to update said information when necessary to ensure it continues to be truthful, exact and complete.
2.1.2. Rules of use for the website
The user undertakes to use the website and its contents and/or services in a proper, diligent manner. Likewise, the user undertakes to not use the website:
- For any activities that are unlawful, amoral, against commonly accepted practices, or for purposes that are illegal, prohibited or infringe on the rights or interests of third parties, and Mireia Comas Franc shall not be held liable for any issues that may arise from the failure to do so.
- Users recognise and accept that use of the website and its contents and/or services shall be for strictly personal, private and individual purposes.
- Users may not, under any circumstances, authorise third parties to use the website in full or part or to enter and/or incorporate its contents and/or services as or as part of their business activity.
- Users may not, under any circumstances, use or apply any technical, logical or technological resources to allow users to benefit directly or indirectly, whether or not for profit, from the website or its contents and/or services without authorisation.
- Users undertake to not damage, harm or disable the computer and/or telecommunications equipment of Mireia Comas Franc or any third party, or the contents that make up and/or are stored therein.
- Users undertake to abstain from using the contents and/or services in any way that could damage, harm, overload or disable the website or impede normal use of said site by other users.
- Users undertake to not change the equipment and/or systems of Mireia Comas Franc in any way, and to not use equipment and/or systems that have been modified in order to obtain unauthorised access to any service and/or content on the website.
- Users undertake to not interfere with or block access and use of the website, servers or networks to which it is connected, and to comply with the requirements, procedures and regulations of the network connection policy at all times.
2.1.3. Guarantees and responsibilities
Except when specifically established by law, or expressly stated, users recognise and accept that Mireia Comas Franc offers no guarantees of any nature, explicit or implicit, regarding the website and its contents and/or services, including but not limited to:
- The availability and continuing operability of the website and, in particular but not exclusively, users’ ability to effectively use the website, contents and services, access the pages that make up the website or those through which services are provided.
- The levels of quality, interoperability and functionality of the website, as well as the services and/or contents therein.
- Any interruption, suspension or cancellation of access to the website and its contents and/or services.
- The suitability of the website and its services and/or contents for a specific purpose.
- The veracity, integrity, exactitude and/or currentness of the contents, services, products, texts, graphs, links or any other elements on the website, as well as the results that may be obtained from accessing and/or using this website and its contents.
Mireia Comas Franc shall not be held responsible for any errors or omissions in the information contained in the pages of this website, nor for the lack of veracity, exactitude, exhaustiveness, appropriateness and/or currentness of the contents: unauthorised access and alteration of information stored therein and transmitted thereby, lack of viruses or other elements in the contents that may damage the user’s system (software and equipment) or in the electronic documents and files stored on the computer system.
The user is aware, and voluntarily accepts, that use of the website and its contents and/or services shall be at their sole discretion and as such they must adopt any measures necessary to minimise risks, including any security measures necessary to ensure antivirus procedures and data recovery. Therefore, except when specifically established by law and only to the extent established therein, Mireia Comas Franc does not guarantee nor shall she be held liable under any circumstances for users’ access and/or use of the website and its contents and/or services.
2.1.4. Force majeure
Notwithstanding the previous, Mireia Comas Franc shall not be held responsible for any delays or failures that may occur with regards to access to, working of or operability of the website, its contents and/or services, nor for any interruptions, suspensions or poor operability of said site resulting from damage caused by natural disasters, including but not limited to earthquakes, floods, lightning, fire, force majeure, extreme emergencies like war, military operations, civil disturbances, strikes or any other situation beyond her control or acts of God.
2.1.5. User consent
By submitting their personal details via any medium, and specifically by filling in the form and clicking on submit, users expressly declare to have read and accept the legal conditions established by Mireia Comas Franc and grant their express, unequivocal consent for their personal details to be handled for the purposes of which they have been informed and the services requested.
Mireia Comas Franc has adopted and will adopt any and all technical and organisational security means required by current law and existing quality standards in the sector in order to ensure maximum security and confidentiality of all communications. She hereby guarantees that controls have been put in place to prevent safety breaches or other negative consequences, adopting the most appropriate organisational measures and technical procedures to minimise any such risks. Nevertheless, users recognise and accept that online safety measures are not infallible. The networks used on the Internet are not secure and any communication sent by this means may be intercepted or modified by unauthorised individuals. Nevertheless, Mireia Comas Franc hereby warns users that the current state of technology does not ensure that security systems cannot be breached and that communications via any telecommunication network are not inviolable.
3. Intellectual, industrial and other property rights
3.1. Applicable law
This website, as well as its contents, services and elements, are owned or controlled by Mireia Comas Franc and protected, without limit, by the intellectual and industrial property rights of the Kingdom of Spain and any international treaties or agreements that may apply.
Mireia Comas Franc is the exclusive holder of all intellectual, industrial and other similar property rights that may apply to this website. Likewise, all rights are reserved to any contents, services and/or elements she owns that may be used on the website, including but not limited to:
- Elements that make up the visual appearance, graphic image and other sensory elements on the pages that make up the website.
- The browsing architecture, source code, photographs, computer programs, databases, technology, logos and distinctive symbols.
3.2. Property licenses
Users hereby recognise that Mireia Comas Franc, through these General conditions, is in no way transferring or ceding her property rights or those of any third parties. She only authorises users to access and use said materials in accordance with the terms laid out in these conditions.
Mireia Comas Franc authorises users to access and browse the website, using the services and viewing the contents therein.
Users are not authorised to copy, distribute (including by email and Internet), convey, communicate, modify, alter, transform, cede or in any other way conduct activities that lead to the commercial use of the website, its pages, contents or elements therein, whether in full or part, without the express written consent of the legitimate holder of the rights to said materials.
Any access, viewing and, when applicable, download of contents and/or services shall always be for strictly personal, non-commercial, purposes.
Mireia Comas Franc reserves all rights to the materials herein, including but not limited to intellectual and industrial property rights.
4. Applicable law and Jurisdiction
These General conditions of use and any other Legal conditions regarding the website shall be governed by Spanish law.
Any issues that may arise from the provision of services and contents belonging to Mireia Comas Franc or regarding the interpretation, application, compliance or lack thereof with the stipulations herein shall be taken up with the Courts of Terrassa, Spain, with both Mireia Comas Franc and the user expressly waiving any rights to any other jurisdiction that may apply.
> Data protection
Mireia Comas Franc ensures full compliance with the obligations established and the safety measures laid out in article 9 of Organic Law 15/1999, on the Protection of Personal Data (hereinafter LOPD) and the amendments approved in Royal Decree 1720/2007, of 21 December.
Mireia Comas Franc handles all data legally and lawfully. She only handles data considered appropriate, pertinent and not excessive regarding the explicit, legitimate purposes for which it is obtained, and it shall never be used for purposes that are not compatible with those for which the data has been collected.
Users of the website www.mireiacomas.com (hereinafter the “users”) are solely responsible for providing Mireia Comas Franc with current, truthful information, and all data provided shall be considered as such. Users may modify and/or update their details and preferences regarding the handling of their data in the settings in the “Customer Area” (also called “Control Panel”).
In compliance with the stipulations of Organic Law 15/1999, of 13 December, on the protection of personal data, users are hereby notified that any data provided, including the IP address of the device from which they access the site, shall be saved in a file owned by Mireia Comas Franc with ID 45476192V and business address at Carrer del Nord 79, Terrassa 08221, and used solely for statistical analysis.
No personal details are required to enter and/or browse the website www.mireiacomas.com. Any answers to questions or details requested on the site that are obligatory shall be indicated with an asterisk (*) following the question or field on the form. If said information is not provided, it will not be possible to provide the service or function requested.
Mireia Comas Franc shall only handle personal details provided by users in accordance with the purposes described in this Policy and the General conditions of services requested by users, which are listed for purely informational purposes below:
Mireia Comas Franc uses the contact information provided by users to send them, by electronic or other means, information on improvements made to the services they have requested and to keep them up-to-date on any news that may be of interest (offers and promotions). Mireia Comas Franc is morally opposed to the practice of spamming: by accepting the General conditions of Mireia Comas Franc and this Policy, or by requesting any information of this type by any means of contact available on the website, therefore, users are choosing and consenting to receive this type of communications.
Mireia Comas Franc saves traffic and location information generated through the provision of electronic communication services requested by the users, which shall be available to the competent authorities for the duration of the legally established period of time, in accordance with Law 25/2007, of 18 October, on the retention of data related to electronic communications and public communications. Said information shall not be used for promotional purposes.
Mireia Comas Franc does not transfer information to third parties, except when required by law or EC regulations, or when necessary to provide the service in question. Under the circumstances, only the essential information necessary for processing the users’ requests and providing the services in question shall be transferred and as such the transfer falls under the free and legitimate acceptance of an existing legal relationship between the interested parties and Mireia Comas Franc, the undertaking, compliance and control necessarily imply connecting data and include necessary transfer of the same. If users leave comments or interact socially on the website www.mireiacomas.com or on social media therein, they must be aware that their information will be published in the setting of their actions, thereby expressly authorising transfer of their details – associated with the action carried out – to any other users that access the website or social media platform.
7. Revocation of consent
The consent given, both to handle and transfer personal details, may be revoked at any time by notifying Mireia Comas Franc as established in this policy for exercising ARCO rights. Said revocation shall under no circumstances be retroactive.
Interested parties may exercise their ARCO rights, and revoke consent given to the handling and/or transfer of their personal details, at any time by requesting said action in writing by post addressed to Mireia Comas Franc at the following address: Carrer del Nord 79, 08221- Terrassa (Barcelona) or by email to email@example.com. In either case, the request must be accompanied by an official form of ID as proof of the identity of the individual to which said data pertains.
9. Head of handling
It shall not be considered transfer, access and/or handling of the personal details for which the users of Mireia Comas Franc are responsible when they are necessary for properly providing the services requested. Under these circumstances, Mireia Comas Franc shall be considered the individual handling said data in accordance with current regulations on data protection. The data protection regime applicable to said handling is governed by this policy and the General conditions for the corresponding service.
The user requesting a service (hereinafter “Requesting individual”), or when applicable the third party responsible for making decisions regarding the purpose, contents, use and handling of personal details, are the only people responsible for the data stored on the servers of Mireia Comas Franc, who shall handle the information stored on her servers exclusively for the requesting individual according to the terms and conditions established in the Main contract. The requesting individual, or third party to which said individual is providing data handling services, hereby declares they are the owner of the files that contain personal details collected legally and that, for the purposes of providing the services requested from Mireia Comas Franc, authorises its handling, to the extent necessary for the provision of said services.
In cases in which Mireia Comas Franc may have access to personal details, she undertakes to not apply, use or reveal said information for purposes other than those derived from the Main contract. Mireia Comas Franc shall only handle the data therein to execute the services requested by the requesting individual according to the instructions given and, under no circumstances, to use it for purposes other than those agreed upon in the Main contract. Mireia Comas Franc shall not share with or allow any third party to access the information provided, not even for storage purposes, unless established in the Main contract or said communication is necessary for providing the services requested or imposed by a lawful requirement. In this regard, by requesting services available through the website www.mireiacomas.com, the requesting individual expressly authorises Mireia Comas Franc to subcontract any organisations necessary to properly provide the services described in the Main contract. Any subcontracted organisations shall take on the role of data handlers, being subject to the same data protection and confidentiality rules as Mireia Comas Franc, and shall manage their relationship with Mireia Comas Franc in accordance with current regulations regarding the protection of personal data.
Mireia Comas Franc has adopted any and all technical and organisational measures necessary to ensure the security of personal details provided and prevent them from being altered, lost, handled or accessed without authorisation, in accordance with current regulations on the protection of personal data. Specifically, measures associated with mid-level safety for files and/or automatic handling, in accordance with Section VIII of Royal Decree 1720/2007, of 21 December, which approves the Regulation implementing Organic Law 15/1999, of 13 December, on the protection of personal data. Mireia Comas Franc only provides technical infrastructure.
13. Saving data
Mireia Comas Franc saves the personal details to which she has gained access in order to provide the service in question, as well as any media or documents on which they appear, for the duration of the Main contract or as required by law. Nevertheless, Mireia Comas Franc may save the information and data handled, duly blocked, if any further liability may arise from her relationship with the requesting individual. Said information shall be destroyed without any formal communication or certification as proof it has been done.
Mireia Comas Franc undertakes to maintain professional secrecy regarding the information to which she gains access as a result of the Main contract, and to abide by her duty to preserve it, obligations that shall remain even after the relationship with the requesting individual has been severed. Any other obligations regarding the handling of data provided by third parties shall expire when said data is deleted or eliminated from the storage device or in some way destroyed or made inaccessible.