- 1.2. The website is owned by Andrea Forizs, (hereinafter BREATHSPIRATION), whose name is Andrea Forizs, with headquarters in Calle Ample de la Merce 22, 07002 Palma de Mallorca, with NIE. no. ESY2359314B, and e-mail: firstname.lastname@example.org.
- 1.3. BREATHSPIRATION reminds you that it is the User’s obligation to read the present conditions of use of the web, being considered in force and therefore applicable. We recommend that Users print and keep a copy of these “Terms and conditions of use” and, subsequently, to have knowledge of the same, although this information will at all times be available on the website (www.breathspiration.com). All conditions can be stored and reproduced by the Users/clients through any tool of the processors of conventional text existing in the market.
- 1.4. To be able to use and browse the web BREATHSPIRATION, the User must (a) be 18 or older, or be 16 and have the consent of a parent or guardian to these terms, (b) have the capacity to enter a binding contract with us and any applicable law prohibiting it. The User also warrants that all information that you provide to BREATHSPIRATION is true, accurate and complete, and agree that way at all times.
- 2.1. Browsing is subject to these terms and conditions of use, the regulation of the navigation, access and use of the portal and its information. This factual conduct implies the acceptance of legal automatically and without modification of the terms, conditions, and notices contained in this text. The conduct described confer the status of a User without the need of signature conventional by the User, on the terms set forth herein without prejudice to the application of the corresponding regulations of mandatory compliance. It is the obligation of BREATHSPIRATION warn that if the User disagree with the terms present in this document, the User must refrain from access the web, so that BREATHSPIRATION invites you to immediately leave this site if it is in accordance with the above-mentioned warning.
- 2.2 The User declares as a natural or legal person, BREATHSPIRATION declares, and the User recognizes, that BREATHSPIRATION provides a wide variety of information, services and data, and the User assumes its responsibility in the correct use of the web. This responsibility will extend to all those uses and practices that a User performs within the web, as well as the use of information, services and data offered by BREATHSPIRATION.
3. Guidelines of the User.
- 3.1. Guidelines to access the web
o 3.1.1. To access the web, the User must have access and connection to the Internet Network, pay access fees, have the equipment/device and the electronic systems needed to make the connection to the network, including an adequate terminal to effect (computer, phone, tablet, etc) and a modem or other access device analogous or similar.
o 3.1.2. The User knows that the correct access to and use of certain contents and services of the website, may involve the download on their computing devices to certain computer programs or other logical elements. The User is solely responsible for the installation of such elements, declining BREATHSPIRATION any kind of liability which might arise.
- 3.2. Guidelines of use of the website by the user
o 3.2.1. The User is obliged to carry out a use of the website, its conditions, services to offer, content in accordance with the Law, Morals, good Customs and public order, not to use it contrary to the contents present in this text, harmful to BREATHSPIRATION or third parties, or which in any way may damage, render useless or deteriorate the website or its services or impede normal enjoyment of the website by other Users.
o 3.2.2. The User shall refrain from carrying out actions that damage, interrupt or generate errors in the systems of BREATHSPIRATION, as well as to introduce programmes, viruses, macros, applets, controls ActiveX or any another logical device or character sequence that cause or may cause any type of alteration in the computer systems.
o 3.2.3 BREATHSPIRATION reserves the right to deny or withdraw access to the website and/or Services, at any time and without prior notice to those Users who violate the terms and conditions of use.
- 3.3. Limitation of liability of BREATHSPIRATION by the use of the web
o 3.3.1.The website may contain advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the website complies with laws which in each case can be of application. BREATHSPIRATION will not be responsible for any error, inaccuracy or irregularity that may contain advertising content or sponsors.
o 3.3.2. BREATHSPIRATION makes all the necessary efforts to provide the information contained on the website truthfully and without typographical errors. In the case that at some point there any error of this kind at all times outside the will of BREATHSPIRATION, we will proceed to the correction of the typo as soon as possible and provide the User with information and options established in the current legislation.
o 3.3.3. BREATHSPIRATION will not be liable to the User, in terms of: The effectiveness of the connection as well as the speed of access to the website by the User. Interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the electronic system due to causes beyond BREATHSPIRATION. The information entered by Users and third party BREATHSPIRATION and those which do not hold any type of agreement or collaboration contract.
4. Policy of Links and Exemptions of Responsibility.
- 4.1 BREATHSPIRATION not responsible for the content of web pages to which the User may access through the links established on the platform and declares that in no case shall examine or exercise any type of control over the content of other websites on the net. Nor will guarantee the technical availability, exactness, veracity, validity or legality of pages outside your property which can be accessed through the links.
- 4.2 BREATHSPIRATION declares to have adopted all the necessary measures to avoid any damages to Users of its websites that may arise from browsing their websites. In consequence, BREATHSPIRATION is not be responsible in any circumstances for any damage that Internet browsing User may suffer.
5. Validity of the Present Text.
- 5.1. BREATHSPIRATION reserves the right to make any modifications it deems appropriate, without notice, in the content of the site. Both in terms of the content of the sites, such as the conditions of use of the same. Such modifications may be made through the web site, in any way legally admissible and shall be of obligatory compliance during the time in which exclusively they are published and available on the web and until they are modified by others later.
- 5.2. BREATHSPIRATION reserves the right to make any modifications it deems appropriate, without notice, in the content of your web site. Both in regard to the contents of the web site, such as the conditions of use of the same. Such modifications may be made through its website in any way legally admissible and shall be of obligatory compliance during the time in which they are published on the website and until they are validly modified by other subsequent ones.
6. Intellectual and Industrial Property.
- 6.1. All texts, images, content, logos, trademarks or not, as well as the means and forms of presentation and assembly of the website, are the original property or derivative of BREATHSPIRATION. Consequently they are works or other material protected as intellectual property and/or industrial property by the Spanish legal system in accordance with the Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Law on Intellectual Property, regularising, clarifying and harmonising the effective legal dispositions on the matter and the Law 17/2001, of 7 December. They will be subject additionally to applicable law Spanish cognate and community in the mentioned fields, such as international treaties relating to the matter and signed by Spain.
- 6.2. All rights on content are reserved and the reproduction, distribution, public communication, transformation, and/or any kind of use of the whole or part of the contents of the website without the express consent of BREATHSPIRATION is prohibited expressively.
7. Applicable Law and Jurisdiction
- 7.1 BREATHSPIRATION also reserves the right to file civil or criminal actions deemed appropriate by the improper use of its website pages and contents or for breach of these conditions.
- 7.2 The parties agree of their free wills that the relationship between the User and Andrea Forizs shall be governed by Spanish legislation and shall be competent to decide any controversy that may arise between the User and BREATHSPIRATION, the courts or tribunals of the locality of Madrid.
8. Data Protection Policy
- 8.1 In accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 of April of 2016, relative to the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Council Directive 95/46/EC, BREATHSPIRATION informs the User in relation to the web www.breathspiration.com and derivatives (hereinafter, websites), the information that you can gather on the web it will be incorporated into the treatment systems, the responsibility of BREATHSPIRATION, with the purpose of carrying out the maintenance and management of the relationship with the User with the website, as well as the tasks of information, statistics, and marketing of the services and the activities related thereto.
- 8.2 BREATHSPIRATION reports that the legitimate basis that supports the indicated treatments is the existence of a legitimate interest, also in regard to the installation of cookies can be found legitimized in the existence of the consent given by the interested party or, in your case, the legal representatives thereof. BREATHSPIRATION informs that the data will be retained as long as the continuance of the consent given by the User, except in those cases in which we are legally bound to their conservation. In accordance with the rights conferred by the regulations in force on data protection, the User may contact the competent supervisory Authority to present the claim as it deems appropriate, as well as be able to exercise the rights of access, rectification, limitation of treatment, suppression, portability, and opposition to the processing of their personal data, as well as to the withdrawal of the consent to the processing of the same. In accordance with what is established by article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 of April of 2016, relative to the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Council Directive 95/46/EC, BREATHSPIRATION undertakes to adopt the necessary technical and organisational measures, according to the level of risks that accompany the treatments carried out by them and indicated in the section of the terms and conditions of use, so as to ensure its integrity, confidentiality and availability. Also, BREATHSPIRATION reports that in the case that the User enters data in the forms of the third-party website, will be the final
responsible ofthe personal data, and who shall adopt the technical measures described in the paragraph of these Terms and Conditions of Use. BREATHSPIRATION advised of the possibility of exercising rights of access, rectification, limitation of treatment, suppression, portability and opposition to the treatment, that the User has and that can be exercised before BREATHSPIRATION. In accordance with Chapter III of the RGPD, you must take into account the following nuances:
- The right of Access: Is the right of the user to obtain information about their specific data of a personal nature and the treatment that has been carried out or performed, as well as of the available information on the origin of such data and the communications made or planned for the same.
- The right of Rectification: it Is the right of the affected to modify the data that are found to be inaccurate or incomplete. Only be satisfied in relation to that information, which is under the control of BREATHSPIRATION, for example, delete reviews posted on the page itself, images, or web content containing information concerning personal data of the user.
- The right to Limitation of treatment: Is the right to limit the purposes of the treatment provided in original form by the responsible of the treatment.
- Right to Erasure: the right to suppress the personal data of the user, except as provided for in the own RGPD or other applicable standards that determine the enforceability of the conservation of the same, in time and form.
- The right of portability: The right to receive the personal data that the user has provided, in a structured format, use a common and readable, and to transmit them to another responsible.
- The right of Opposition: it Is the user’s right to not carry out the treatment of your personal data or ceasing the processing of the same by BREATHSPIRATION. The mere access to the web, as well as all or part of its content and services, implies the acceptance and compliance is mandatory, prior to accessing and without reservations of the present legal notice.
Madrid, 13th of September, 2018.