Policies
Privacy and Cookie Policy
This Policy regulates the privacy and cookie policy of the Web Platform (hereinafter, “the Platform”), under the ownership of OPEN CANARIAS S.L. (“OPEN CANARIAS”, hereinafter), with address at Calle Elías Ramos González, 4, 38001 Santa Cruz de Tenerife, Spain and C.I.F. B-38437166 and contact email address for the purposes of this privacy and cookie policy: Seguridad@opencanarias.es
Please take a few minutes to read our privacy and cookie policy, it won’t take you long. With it we want to explain in a simple, clear and transparent way how we treat and protect your personal information and your rights. Your security and that of your personal data is essential to us and we take its adequate protection very seriously.
This policy is applicable to all users of the platform, whether or not they are clients of OPEN CANARIAS who are considered natural persons. And it is that, by personal data, we refer to all information about an identified or identifiable natural person.
PRIVACY AND COOKIE POLICY
HOW DO WE USE THE DATA?
The personal data that you provide through the Platform will be treated for the purpose specifically stipulated in this privacy policy and, where appropriate, in the different data forms provided on the Platform. In this sense, the collection of data serves the following treatment purposes:
Enable users to navigate through it, thereby allowing access to the information and content available on the Platform, including information on promotional or advertising campaigns aimed at contracting products and services, either from OPEN CANARIAS or from third companies with which OPEN CANARIAS is related. Such access is understood without prejudice to the onerous nature of the content, services and specific products that are offered through the Platform and that users may contract if they so wish.
If you have expressly consented, proceed to send commercial communications and advertising about products and services of OPEN CANARIAS.
Inform about the different products and services similar to those contracted and offered by OPEN CANARIAS regardless of the communication channel used. This under article 21.2 of Law 34/2002, of July 11, services of the information society and electronic commerce, without prejudice to the legitimate exercise of their personal rights at any time, in particular, the opposition .
Address the requests or specific requests that users may make in this area through the Platform, in relation to the services or products available through it, or in relation to any other issue provided through the contact form of the Platform: https://www.opencanarias.com/contacto/, as well as any query sent directly to the email: comercial@opencanarias.es
Process the corresponding open personnel selection processes at OPEN CANARIAS S.L., to which users have applied voluntarily and freely, including carrying out any type of test and/or interview arranged for such purposes
Allow OPEN CANARIAS to send satisfaction surveys related to the quality of goods and services.
Adopt as many protection measures as are applicable in accordance with current regulations, including the possible anonymization of your personal data, applying, for this, the appropriate techniques available for this purpose. Therefore, in this area, anonymization and pseudonymization treatments may also be carried out for the best protection of your personal data.
Apply the pertinent security, technical and/or organizational measures on the personal data that are appropriate in view of the risks detected around your rights at all times by OPEN CANARIAS, including the encryption of personal data and other measures that may entail certain treatments on the data of the users of the Platform.
In the event that you do not agree with such treatment purposes, we urge you to immediately leave our Platform. Otherwise, for example, by accepting this policy, or simply by continuing to browse the Platform, prior knowledge of the information contained in this policy, it will be understood that you unequivocally consent to the purposes of treatment previously informed.
WHAT IS THE LEGITIMATE BASIS FOR WHICH WE PROCESS YOUR DATA?
Purposes of treatment Legitimate basis of treatment Enable users to browse the Platform Their consent and, depending on the case, satisfaction of legitimate interest, their own or that of third parties, associated with the proper management, maintenance, development and evolution of the platform, tools, network and information systems. the associated information, allowing its correct operation, functionalities, access to content and services, as well as the general security of all the above extremes. Proceed to send commercial communications and advertising about products and services of OPEN CANARIAS Your consent Inform about the different products and services similar to those contracted and offered regardless of the communication channel used. Legitimate interest under article 21.2 of Law 34/2002, of July 11, on services of the information society and electronic commerce Attend to the requests or specific requests that users may make through the Platform, in relation to the services or products provided therein. Your consent Process the corresponding open personnel selection processes Your consent Send satisfaction surveys related to the quality of goods and services. Execution of the contract and, depending on the case, satisfaction of legitimate interest. Adopt as many protection measures as are applicable in accordance with current regulations, including the possible pseudonymization and anonymization of your personal data, applying, for this purpose, the appropriate techniques available for this purpose. Compliance with a legal obligation (European Data Protection Regulation). Data) Apply the pertinent security, technical and/or organizational measures on your personal data with a focus on the existing risk at all times. Compliance with a legal obligation (European Data Protection Regulation) When the legitimate basis of treatment is, primarily, your consent, which you grant in an unequivocal, free and informed manner, for the treatment of your personal data in order for the treatment purposes described, you will have the ability to choose the treatment and destination of your data, according to your specific interests and needs in each case, so that, when the treatment is based on the consent of the same, you will have the right to withdraw it at any time, although such withdrawal will not affect in any way the legality of the previous treatment carried out by OPEN CANARIAS.
When the processing of your personal data is for the purpose of advertising or direct marketing, you will have the right to object at any time to the processing of personal data that concerns you, including profiling to the extent that it is related to the aforementioned marketing.
OPEN CANARIAS may prevent the use of the Platform and its associated services, content and functionalities in the event that you do not accept this policy, or do not consent to the processing of your personal information in accordance with its provisions. However, the acceptance of this policy is independent of the possible acceptance of the legal terms and conditions of a particular type that could govern the specific contracting by the users of the services and products available through the Platform.
WHAT CONSEQUENCES ARE NOT PROVIDING YOUR DATA?
Failure to provide the required personal data could lead to the impossibility of processing your specific request or request in each case and, therefore, the possibility of rejecting and/or excluding your specific request or request by OPEN CANARIAS. .
The information and personal data that you provide must be in any case:
- Sufficient, although adjusted, limited and proportionate to the legitimate purposes of treatment reported by OPEN CANARIAS, with the utmost respect for the principles of purpose limitation and minimization of personal data.
- Accurate, updated and truthful, in order to be able to adequately verify the identity, capacity and, where appropriate, representation, as well as to be able to adjust, in each case, the data processing that is carried out to your specific needs and your situation. real. All this in accordance with the principle of accuracy of personal data.
You are also informed that this Platform is aimed at users over 18 years of age, and its use by minors is prohibited.
HOW DO WE SHARE YOUR DATA?
In general, the personal data of users collected through the Platform will not be transferred to third parties without previously informing them of what specific data is going to be transferred, the identity of the assignees or recipients of their data, their activity and of the specific purposes of treatment to which said assignees may allocate their data.
In this sense, you are informed that, when the user makes a purchase through the Platform, their personal data must be transferred to the collaborating logistics operator, in order to manage the effective delivery of the purchase to the user.
Similarly, it is possible that certain third parties may access Your personal information in the development of the services they may provide to OPEN CANARIAS. For example, in the case of third-party cookies that are applied on the platform.
The personal data of the users will not be transferred to any other third party, except with the consent of the user or, where appropriate, any other basis of legitimacy of the treatment according to the provisions of article 6 of the GDPR, such as, for example, the due compliance with a legal obligation by OPEN CANARIAS (legality of the treatment).
ARE YOUR PERSONAL DATA INTERNATIONAL TRANSFERS MADE?
We inform you that, in general, international transfers of your personal data are not planned, adopting the necessary measures and guarantees in this area in accordance with current regulations on the protection of personal data.
Notwithstanding the foregoing, insofar as we can send products outside the European Union, we could find ourselves in the need to communicate your data to the logistics operators of those third countries, as well as to third parties directly related to the shipment of the products, being such communication endorsed by the GDPR (art. 49.1.c)
In addition to the above, the possible transfer of your personal data is highlighted in order to enable navigation and the use of cookies provided by third-party companies. In any case, Open Canarias adopts the measures recognized in the GDPR so that these transfers, if they occur, comply with the provisions of articles 45 to 49 of the GDPR.
FOR HOW LONG DO WE KEEP YOUR DATA?
Treatment purposes Deadlines or conservation criteria Enabling users to navigate through the Platform {::nomarkdown}In general, your data will be kept for these purposes for the essential and necessary time to enable you to correctly navigate and use our platform and the content available to through the same to which you access.Regarding the data associated with your browsing profile, in relation to the analytical cookies that you have accepted as indicated in the cookie policy.{:/} Proceed to send commercial communications and advertising about products and services of OPEN CANARIAS Until the moment you request the effective cancellation of such subscription Inform about the different products and services similar to those contracted and offered regardless of the communication channel used. Until you exercise your right of opposition Attend to the requests or specific requests that users may make through the Platform, in relation to the services or products available on it. For the time necessary to correctly attend to your requests and/or specific requests according to each case . If they consist of the execution at the request of pre-contractual measures or the signing of a contract with OPEN CANARIAS, your data will be kept for as long as necessary Process the corresponding open personnel selection processes For the essential time to comply with the selection processes to which the interested parties have subscribed or during the established legal terms. Send satisfaction surveys related to the quality of goods and services. During the periods necessary to give due satisfaction to the execution of the contract between the parties Adopt as many protection measures as are applicable in accordance with current regulations, including the possible pseudonymization and anonymization of your personal data, applying, for this, the appropriate techniques available for this purpose. While the user’s personal data is processed, including the conservation of such data during the legal periods provided, and regardless of the legitimate basis of treatment. Apply the pertinent security, technical and/or organizational measures on your personal data with a focus on the risk existing at all times. While the user’s personal data is processed, including the conservation of such data during the legal terms provided, and independently of the legitimate basis of treatment. In any case, and without prejudice to the foregoing, the user is also informed of the following:
In accordance with the current regulations on the protection of personal data, in everything that concerns the correct treatment of personal information by OPEN CANARIAS, this entity may also keep the information for three years in a secure manner from its collection/capture ( limitation periods for infringements in this area).
Regarding the conservation time of cookies, it is recommended that you consult our cookie policy.
In general, when the personal data is no longer necessary for the treatment purposes for which it was collected, it will be blocked, remaining available only to the competent authorities for the possible purification of legal responsibilities during the treatment of data. the same, always in accordance with the applicable regulations, and not being able to be used for other purposes than these. Once the corresponding legal deadlines have elapsed in the event of blocking, such personal data will be deleted in accordance with the applicable regulations, and may also, if applicable, be securely anonymized by OPEN CANARIAS (anonymized/non-personal data).
WHAT RIGHTS DO YOU HAVE OVER YOUR DATA?
You can exercise your rights of access, rectification, deletion, limitation of treatment, data portability and opposition, directing a written communication through the email dpd@opencanarias.es with the Ref. “Exercise Rights” accompanying your request with a copy of your national identity document or equivalent identification document (passport, NIE,….). If you do not consider your personal rights duly attended to, you may file a claim with the competent control authority, in this case, the Spanish Data Protection Agency.
ARE SECURITY AND PROTECTION MEASURES APPLIED TO YOUR PERSONAL DATA?
Taking into account the nature, scope, context and indicated purposes of the treatment, as well as the risks of varying probability and severity for your rights and freedoms, OPEN CANARIAS applies (and will apply) appropriate technical and organizational measures in order to guarantee the due security and protection of your personal data according to privacy criteria by design and by default, as well as applying a concurrent risk approach system that will be reviewed and updated when necessary.
The use of the Hyper-Text Transfer Protocol (HTTPS) on our platform is a reinforced guarantee for the security of your personal data.
VALIDITY AND MODIFICATION OF THE PRIVACY POLICY
OPEN CANARIAS reserves the right to modify this policy, to adapt it to future legislative, doctrinal or jurisprudential changes that may be applicable, or for technical, operational, commercial, corporate and business reasons, informing you in advance and reasonably of the changes that occur. when this is possible. In any case, it is recommended that, each time you access this Platform, you read this policy in detail, since any modification will be published through it. Likewise, OPEN CANARIAS may inform you personally and in advance of the projected changes in this policy, before its entry into force, whenever this is technically and reasonably possible, in particular, when they are considered registered users or clients of OPEN CANARIAS.
Cookies Policy
As established in Recital 30 of the GDPR, natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, session identifiers in the form of “cookies” or other identifiers, such as radio frequency identification tags. This can leave traces which, in particular, when combined with unique identifiers and other data received by the servers, can be used to build profiles of natural persons and identify them. For this reason, OPEN CANARIAS has a cookie policy consistent with applicable regulations.
ARE COOKIES SERVED ON THE PLATFORM? WHAT ARE THEY?
Cookies are used on the platform, that is, files or devices that are downloaded to your terminal equipment (personal terminal, smartphone, tablet, mobile devices, etc.), and which can be of various types.
In general, and attention to the Cookies Guide published by the Spanish Agency for Data Protection (AEPD), cookies can be of various types depending on different parameters.
Depending on who is the entity that manages the computer or domain from which the cookies are sent and processes the data obtained, we can distinguish:
- Own Cookies: These are those that are sent to the user’s terminal equipment from a computer or domain managed by OPEN CANARIAS and from which the service requested by the user is provided.
- Third-party cookies: These are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by OPEN CANARIAS, but by another entity that processes the data obtained through cookies. In the event that cookies are installed from a computer or domain managed by OPEN CANARIAS but, however, the information collected through them is managed by a third party, they cannot be considered as OPEN CANARIAS’s own cookies. In this sense, OPEN CANARIAS may contract the services of analysis and measurement companies that measure and/or analyze the browsing behavior of users on the platform and, in this sense, act on their behalf and on their behalf, through the analysis of the data obtained with the use of cookies from these third parties, all with the sole objective of improving the service provided by OPEN CANARIAS.
According to the period of time that they remain activated in the terminal equipment (temporary period), we can distinguish:
- Technical cookies: These are those that allow the user to navigate through the platform and use the different options or services that exist on it, such as, for example, controlling traffic and data communication, identifying the session, access restricted access parts, remember the elements that make up an application, make the application for registration or participation in an event, use security elements during navigation, store content for the dissemination of videos or sound or share content through social networks.
- Personalization Cookies: These are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user’s terminal, such as, for example, the language, the type of browser through which you access the service, the regional configuration from which you access the service, among others.
- Analysis cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the users of the websites to which they are linked. The information collected through this type of cookie is used to measure activity on the platform and to create browsing profiles of the users of said sites, applications and platforms, in order to introduce improvements based on the analysis of the Usage data made by users of the service.
- Advertising cookies: They are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the editor has included in a web page, application or platform from which the service is provided. requested based on criteria such as edited content or how often ads are shown.
- Behavioral advertising cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, where appropriate, the publisher has included in a web page, application or platform from which it provides the requested service. These cookies store information on the behavior of users obtained through the continuous observation of their browsing habits, which allows the development of a specific profile to display advertising based on it.
WHAT COOKIES DO WE USE ON THE PLATFORM?
ABelow is an informative summary table of the specific cookies that OPEN CANARIAS currently uses on the platform:
Cookies Ownership Timeframe Purpose _ga, _gid, _gat, _gaexp, _utm, _utmc, UTMD, __utmv, __utmz, _gat_gtag_UA_ID, gadwp_wg_default_view, gadwp_wg_default_swmetric Third Parties 2 years Prepare website reports on website activity and internet usage Google Recaptcha Third Parties 30 days Google recaptcha Google Maps Third Parties 30 days Track individual users. WHO USES THE COOKIES?
The information that is collected through the cookies that are served through the Platform can be used, both by the owner of the same, as well as by a third party that provides a service to this owner.
HOW ARE COOKIES MANAGED AND CONFIGURED?
Based on the information offered in this policy, we offer you information on how you can manage the cookies used on the Platform through the different options offered by the most common browsers. You can manage the use of cookies, including their blocking, which will depend on the browser installed on your computer. You can obtain more information on how to manage them by clicking on the following links:
COMPETENCE AND APPLICABLE JURISDICTION
In general, any controversy and conflict will preferably be submitted to the knowledge of the parties for the purpose of obtaining an amicable solution and by mutual agreement using, for these purposes, as far as OPEN CANARIAS is concerned, the channel described in point previous.
If this is not possible, based on the criteria contained in the GDPR for determining the competence of the leading or main authority in order to be aware of any conflict, controversy or claim regarding this privacy policy and cookies, at least administratively, it is reported that such authority will be the Spanish Agency for Data Protection (AEPD).
As far as the right to effective judicial protection is concerned, the provisions of article 79.2 of the GDPR will apply, and the corresponding action must be brought before the Judges and Courts of Santa Cruz de Tenerife (CANARIAS - Spain) In any case, the Applicable regulations will be Spanish.
The table has been completed with the information provided by Open Canarias, modify in case of changes.
Legal warning
ABOUT THE CONDITIONS OF USE OF THE PLATFORM: ITS ACCEPTANCE, MODIFICATIONS AND VALIDITY
These general conditions regulate the use of the service(s) associated with the Web portal https://www.opencanarias.com (hereinafter, the “Portal”), and that is under the ownership of OPEN CANARIAS S.L. (hereinafter, OPEN CANARIAS), with Tax Identification Number B38437166, registered in the Mercantile Registry of Santa Cruz de Tenerife, Volume 1,432, Book 0, Folio 35, Sheet tf-14,183, 1st Inscription, and which has its registered office at Calle Elías Ramos González, 4, 38001 Santa Cruz de Tenerife.
Platform Users
Browsing and using the Platform gives you the status of user thereof and implies your full and unreserved acceptance of each and every one of the provisions included in these General Conditions of Use, according to the version published by OPEN CANARIAS in the moment the user accesses the Platform.
The use and/or access to certain services or contents of the Platform may be subject to its own particular conditions (hereinafter, the “Particular Conditions”), as well as to specific contracting conditions of the services offered through the same that could replace, complete and/or modify these general conditions of use. In these cases, prior acceptance by the user of these conditions will be an essential condition for their access to such services or content.
In any case, users of the Platform, registered or not, must be at least fourteen (14) years old, and its use by other minor users is prohibited, for which you assume responsibility for compliance of this condition, declaring to have the minimum age to access and use the Platform. OPEN CANARIAS may, at any time, request as much supporting documentation as is necessary in order to verify proper compliance with this condition.
OPEN CANARIAS, in case of violation by users of the terms and policies to which the Platform is subject, may prevent the user from accessing it, as well as suspend the services that have been provided or, if any, deactivate accounts of user, without this determining the right to return or monetary compensation for them.
Modification of conditions
Therefore, we recommend that the user, each time he accesses the Platform, carefully read these conditions of use, since they may undergo modifications for legal, technical, corporate reasons or derived from self-regulation processes, own, or by adherence voluntary OPEN CANARIAS to existing codes of conduct of interest for its activity and the best protection of the rights of its users. Whenever possible, OPEN CANARIAS will publicize through the Platform, prior to its entry into force, any relevant modification of these conditions for the rights and interests of Platform users. If you do not agree, you can unsubscribe from the service(s) in question.
Validity
The declaration of any of the conditions of use as null, invalid or ineffective, will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at a given time, the fulfillment of any of these conditions, will not imply a general waiver of the fulfillment of any other condition or conditions imposed, nor will it generate an acquired right for the other party. part.
Duration
Access to the contents of the Platform has, in principle, an indefinite duration, which is understood without prejudice to the specific nature and of a defined and limited duration of the services contracted through the same that will be provided in the terms and conditions described therein for these purposes.
OPEN CANARIAS is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time, albeit in full compliance with the applicable regulations in these cases. When this is reasonably possible, OPEN CANARIAS will give prior notice through the Platform of the termination or suspension of the provision of the services arranged through it.
GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM
Through the Platform, OPEN CANARIAS provides users with information, request, access and/or use of services or content (hereinafter, the “Service” or “Services”), developed or made available by OPEN CANARIAS in the terms and conditions provided for each case.
Free nature of access and use of the Platform
Access and/or browsing through the Platform by users is free of charge, which is understood without prejudice to the remunerated nature of the services provided through the Platform under the terms and conditions established by OPEN CANARIAS.
Navigation, registration and data forms
In general, access to or initial navigation through the Platform does not imply or determine the prior subscription or registration of users. However, OPEN CANARIAS may condition the provision of certain services, or access to the content offered through the Platform, to the prior registration of the user in it, as well as to the completion by the user of the corresponding data forms . OPEN CANARIAS reserves the right to unilaterally modify, at any time, the registration system or the data forms provided on the Platform for legal, technical, corporate reasons or based on those self-regulatory processes to which it may be subject.
Veracity, accuracy and timeliness of the information provided by the user
The data entered by users in the corresponding registration forms or in the data collection forms available through the Platform must be, at all times, accurate, current and truthful and will be processed by OPEN CANARIAS, in accordance with the legislation Spanish for the protection of personal data (in the case of personal data). The user (or their legal representative) will be solely responsible for any false, inaccurate or outdated statements made and for any damages caused to OPEN CANARIAS or third parties as a result of breach of this duty.
Obligation to make correct and responsible use of the Platform and the Services
The user agrees to use the Platform and the Services in a reasonable manner in accordance with current regulations, these conditions of use, the particular conditions of the services, the privacy policy and other notices, regulations of use, and instructions placed in their knowledge, morality and generally accepted good customs, and public order. In the event of non-compliance with such commitments, OPEN CANARIAS reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of exercising by OPEN CANARIAS any legal and/or judicial actions consider of interest in attention to their legitimate interests and rights (own or third parties).
USES NOT PERMITTED
Platform users are PROHIBITED from:
Use any of the services or content provided through the Platform for illicit purposes or effects, prohibited in these conditions, harmful to the rights and interests of OPEN CANARIAS, or third parties. Illicit purposes will be considered, among others, the use by users of the services or contents provided for a lucrative, commercial purpose, theft of secrets or business, promotional, advertising “know how”, which encourage them to participate in all types of gambling. chance, luck, raffles or bingos and third-party data collection. The use of the services and content on the Platform is of a merely corporate or personal nature as provided in these same Conditions and is directed exclusively to users authorized by OPEN CANARIAS for these purposes.
Damage, disable, overload, deteriorate or prevent the normal use of the services through the Platform, as well as cyberattack in any way the platform, systems or associated processes.
Transmit, communicate or make available to third parties information, data, content, messages and, in general, any kind of content that:
In any way is contrary, underestimates or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties and in the rest of the applicable legislation, in particular, with respect to disabled people and other especially vulnerable groups such as minors. elderly or elderly people;
in particular, is contrary to the right to honor, personal and family privacy or the image of people;
or contradicts or infringes the fundamental right to privacy and the protection of personal data;
induce, incite or promote illegal, criminal, denigratory, defamatory, infamous, violent actions or, in general, are contrary to the law, morality and good customs generally accepted or to public order;
incorporates, makes available or allows access to elements, messages and/or services that are illegal, pornographic, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order;
induces or may induce an unacceptable state of anxiety or fear;
Induces or incites to engage in dangerous, risky or harmful practices for the health and physical or mental balance of people;
is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use made or intended to be made;
Violate the secrets of OPEN CANARIAS or any other third party;
is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that leads or may lead to error about its object or about the intentions or purposes of the caller;
in any way undermines the credit of OPEN CANARIAS or third parties;
constitutes, where appropriate, illicit, misleading or unfair advertising and, in general, that constitutes unfair competition;
incorporates viruses or other physical or electronic elements that may damage or prevent the normal functioning of the social network, the system or computer equipment (hardware and software) of OPEN CANARIAS, or of third parties, or that may damage electronic documents, content digital and files stored in said computer systems or equipment;
causes, due to its characteristics (such as format, extension, etc.), difficulties in the normal operation of the services or access to the Platform or its contents;
In case of violation of these prohibitions by the users in question, and from the moment of reliable knowledge of the facts by OPEN CANARIAS, this entity may give them as many warnings as necessary in order to immediately cease such activities / performances; promote its immediate withdrawal or rectification; as well as not transmitting or, simply, not taking into consideration, where appropriate, possible assessments, opinions or comments made within the framework of the Platform
In the event that such OPEN CANARIAS requests are not met by the corresponding user, by mere legal or judicial mandate, or simply in response to their own legitimate interests or those of third parties, OPEN CANARIAS may block and remove from the Platform, at any moment, the previous elements, information, evaluations and contents in case of knowing the illegitimacy of these without the need for prior notice to the users. It may also suspend, deactivate or delete the user’s account, if it exists, without this generating any right or monetary compensation in favor of the user.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The user agrees to use the content and services made available to them on the Platform, understanding by these, without this enumeration being limiting, the texts, graphics, images, icons, technology, software, links and other digital content. , audiovisual or sound, as well as its graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, these conditions of use, the particular conditions of the services and other notices, regulations of use and instructions placed in his knowledge, as well as with morality and generally accepted good customs and public order. In particular, you agree to refrain from:
Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the services and contents, unless you have the authorization of the owner of the corresponding rights or this is legally permitted.
Delete, manipulate or in any way alter the “copyright” and other data identifying the reservation of rights of OPEN CANARIAS or third parties.
Exercising or abusing the exercise of the exploitation rights associated with such content, unless it has been expressly authorized for this purpose by its legitimate owner and, where appropriate, to do so under the conditions expressly agreed in this regard.
All trademarks, names, distinctive signs, content architecture (design, navigation, ordering and taxonomy of the Platform and its contents, etc.) and content or software of any kind that are incorporated into the Platform are the property of OPEN CANARIAS, or third parties, without it being understood that the use or access to the Platform and/or the contents or services, attributes to the user any right over the aforementioned trademarks, trade names and/or distinctive signs, as well as over any of other elements arranged through it.
In short, the contents and other services are under the intellectual or industrial property of OPEN CANARIAS, or of third parties, without being understood to be transferred to the user, by virtue of what is established in these conditions of use or of the services, none of the rights that fall or may fall on them, beyond what is strictly necessary for the correct use or access to the Platform and the services and contents (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements) that, through it, are provided or could be provided to the user.
COMMERCIAL COMMUNICATIONS
The commercial communications and promotional offers made by OPEN CANARIAS will be duly identified as such and will be governed by its own regulations and by the rest of the applicable Spanish legislation, in particular, that of services of the information society and electronic commerce, protection of personal data of a personal nature, in commercial and advertising matters, of an ethical nature and the protection of consumers and users.
In this sense, OPEN CANARIAS will not carry out advertising or promotional communications by email or other equivalent electronic means of communication that have not previously been requested or expressly authorized by the users of the Platform to whom they are sent. Notwithstanding the foregoing, OPEN CANARIAS may use them without said authorization by users if such communications refer to professional services of this company that are similar to those that were initially contracted by the client or user of the Platform. All this without prejudice to the prior information that occurs and the possibility of the user to oppose receiving any type of advertising or promotion that they do not want.
OPEN CANARIAS will offer the recipient the possibility of objecting to the processing of their data for promotional purposes through simple and free procedures, both at the time of data collection and in each of the commercial communications that, where appropriate, are addressed to them.
The user receiving such commercial communications may at any time revoke the consent given to receive commercial communications by simply notifying OPEN CANARIAS of their wishes.
EXCLUSION OF WARRANTIES AND LIABILITY
OPEN CANARIAS does not guarantee the availability and continuity of the operation of the Platform and the services provided through it, whether they are their own or those of third parties. When this is reasonably possible, it will give prior notice of interruptions in the operation of the Platform, access to its contents, or the provision of the corresponding services.
OPEN CANARIAS also does not guarantee the usefulness of the Platform and the content and services available through it for the performance of any activity or specific purpose that the user of the same intends.
OPEN CANARIAS does not control or guarantee the absence of viruses or other elements in the content that may cause alterations in its computer system (software and hardware) or in the electronic documents and files stored in its computer system, although it will adopt preventive measures and corrections necessary in this area.
OPEN CANARIAS does not absolutely guarantee the veracity, accuracy, completeness, timeliness, legality, reliability and usefulness of the contents and services of the Platform, in particular, those provided, offered, advertised or transferred by third parties unrelated to this entity.
OPEN CANARIAS may make technical link devices available to users through the Platform (such as, among others, links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools on the Platform has the sole purpose of facilitating users’ search for and access to information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, for which OPEN CANARIAS cannot control and does not control these results and, in particular, that Internet sites appear among them whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons.
OPEN CANARIAS, as a mere provider of information society services, does not assume, direct or control, nor is it identified in any way with the opinions, comments or actions associated with users, nor does it carry out any editorial activity in this area. The user (and, where appropriate, their respective legal representatives) will be solely responsible for said opinions, comments or actions through the Platform.
OPEN CANARIAS does not assume, share or contribute, in any way, in the actions intended or carried out by the users of the Platform. The users (and, where appropriate, their respective legal representatives) will be solely responsible for the actions or measures that they intend, undertake or adopt based on the information accessed or transmitted through the Platform, on a basic basis, by other users. of the same.
OPEN CANARIAS, despite the multiple prohibitions, rules and recommendations addressed to the users of the Platform, does not guarantee, nor is it responsible in any way for the users to make use of it, the services and the contents provided through of it in a manner consistent with this legal notice or the privacy policy, nor that they do so diligently and prudently. However, it may implement security and detection systems in this area and will adopt all necessary corrective measures from the moment it has reliable knowledge of possible breaches in this regard, ensuring the general legitimacy of the services, content, ratings, opinions and comments that may be made through the Platform, without this representing or implying for OPEN CANARIAS any control obligation at its own expense.
The users of the Platform (and, where appropriate, their respective legal guardians) are, in general, the only ones responsible for the actions, evaluations, opinions, comments, content and information that they publish, transmit, communicate or contribute through the platform.
In all of the above cases, OPEN CANARIAS excludes any liability, damages or losses that occur or could occur, to the fullest extent permitted by the applicable legal system, whether against the user, their respective legal representatives or against any other third party.
LEGISLATION, APPLICABLE JURISDICTION
The present conditions are governed, in each and every one of its extremes, by the applicable Spanish law, resulting in application, in case of conflict or divergence in the interpretation and/or execution of the same, or of any other of the particular conditions arranged on the Platform, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Santa Cruz de Tenerife (Isla de Tenerife, CANARIAS, Spain).