LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

WWW.TALARNCONSULTING.COM

I. GENERAL INFORMATION

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

The ownership of this website, WWW.TALARNCONSULTING.COM, (hereinafter, Website) is held by: TALARN CONSULTING, SL, provided with NIF: B63887400 and registered in: Mercantile Registries of Barcelona with the following registry data: Sheet B-312890 Volume 37959 Folio 85, whose representative is: Jordi Talarn Brich, and whose contact data are:

Address:

World Trade Center. Edificio Sur – 2da Planta
Muelle de Barcelona
08039 Barcelona
Contact telephone number: 933443257
Contact email: contacto@talarnconsulting.com


II. GENERAL TERMS AND CONDITIONS OF USE


The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the following shall be understood as a Web Site: the external appearance of the screen interfaces, both statically and dynamically, that is to say, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

TALARN CONSULTING reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time TALARN CONSULTING may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any consideration in order to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Web Site may be made by subscription or prior registration of the User.

The User

Access, browsing and use of the Website, as well as the spaces provided for interaction between Users and the User and TALARN CONSULTING, such as comments and/or blogging spaces, confers the condition of User, and therefore accepts, as soon as navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be. Given the relevance of the foregoing, it is recommended that the User read them each time he or she visits the Website.

The TALARN CONSULTING Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • A use of the information, Content and/or Services and data offered by TALARN CONSULTING without being contrary to the provisions of these Conditions, the Law, morality or public order, or in any other way may involve injury to the rights of third parties or the operation of the Website itself.
  • The veracity and legality of the information provided by the User in the forms issued by TALARN CONSULTING for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify TALARN CONSULTING of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

TALARN CONSULTING reserves the right to withdraw all comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or security or that, in its opinion, are not suitable for publication.

In any case, TALARN CONSULTING will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Access to this Website does not imply any commercial relationship between TALARN CONSULTING and the User.

In compliance with current legislation, this TALARN CONSULTING Website is intended for all persons, regardless of age, who may access and/or browse the pages of the Website.


III. ACCESS TO AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

TALARN CONSULTING does not guarantee the continuity, availability or usefulness of the Web Site, Content or Services. TALARN CONSULTING will do everything possible for the proper functioning of the Web Site, however, does not assume responsibility or guarantee that access to this Web Site will not be uninterrupted or error-free.

Nor is it responsible for or guarantees that the content or software that can be accessed through this Website is free from error or causes damage to the computer system (software and hardware) of the User. In no event shall TALARN CONSULTING be liable for any loss, damage or injury of any kind arising from access to, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

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


IV. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, TALARN CONSULTING undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

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

Identity of the party responsible for processing personal data

The person responsible for processing the personal data collected in TALARN CONSULTING is: TALARN CONSULTING, SL, provided with NIF: B63887400 and registered in: Mercantile Registries of Barcelona with the following registry data: Sheet B-312890 Volume 37959 Folio 85, whose representative is: Jordi Talarn Brich (from now on, also Responsible for the treatment). Their contact details are as follows:

Address:
World Trade Center. Edificio Sur – 2da Planta
Muelle de Barcelona
08039 Barcelona
Contact telephone number: 933443257
Contact email: contacto@talarnconsulting.com

Registration of Personal Data

The personal data collected by TALARN CONSULTING, through the forms extended on its pages, will be entered into an automated file under the responsibility of the Controller, in order to facilitate, expedite and fulfill the commitments established between TALARN CONSULTING and the User or the maintenance of the relationship that is established in the forms it fills, or to address a request or query of the same.

Principles applicable to the processing of personal data

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

  • Principle of lawfulness, loyalty and transparency: the consent of the User will be required at all times after fully transparent information on the purposes for which the personal data are collected.
  • Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimisation: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of limitation of the storage period: personal data will only be kept in such a way as to allow identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be treated in such a way as to guarantee its security and confidentiality.
  • Principle of proactive responsibility: the controller will be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed at TALARN CONSULTING are for identification purposes only. Under no circumstances are special categories of personal data processed within the meaning of article 9 of the RGPD.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. TALARN CONSULTING undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may provide their data through forms to make queries, request information or for reasons related to the content of the Website, will be informed in case the completion of any of them is mandatory because they are essential for the proper conduct of the operation.

Purposes of the processing for which the personal data are intended

Personal data are collected and managed by TALARN CONSULTING in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship that is established in the forms that the latter fills or to meet a request or query.

Similarly, the data may be used for commercial purposes of personalization, operational and statistical, and activities within the corporate purpose of TALARN CONSULTING, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, performance and navigation of the Website.

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

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: 5 years, or until the User requests its deletion.

When the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

Respecting what is established in articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent for the processing of their personal data lawfully by TALARN CONSULTING. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

TALARN CONSULTING undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data are transmitted securely and confidentially, being the transmission of data between the server and the User, and in feedback, fully encrypted or encrypted.

However, because TALARN CONSULTING cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to communicate to the User without undue delay when a breach of personal data security occurs that is likely to involve a high risk to the rights and freedoms of natural persons. In accordance with article 4 of the RGPD, a breach of the security of personal data is understood to be any breach of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or in the unauthorised communication of or access to such data.

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

Rights deriving from the processing of personal data

The User has over TALARN CONSULTING and may, therefore, exercise vis-à-vis the Controller the following rights recognised in the RGPD:

  • Right of access: It is the right of the User to obtain confirmation as to whether or not TALARN CONSULTING is processing their personal data and, if so, to obtain information about their specific personal data and the processing that TALARN CONSULTING has carried out or is carrying out, as well as, among others, the available information about the origin of said data and the addressees of the communications carried out or planned for them.
  • Right of rectification: It is the right of the User to have his/her personal data modified if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right of deletion (“the right to forget”): It is the User’s right, provided that the legislation in force does not establish the contrary, to obtain the deletion of his/her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and this has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue processing; the personal data have been unlawfully processed; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Controller, taking into account the available technology and the cost of its implementation, shall take reasonable steps to inform the controllers processing the personal data of the data subject’s request for deletion of any link to such personal data.
  • Right to limitation of processing: This is the right of the User to limit the processing of his/her personal data. The User has the right to obtain the limitation of the processing when he/she challenges the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the processing.
  • Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured format, of common use and mechanical reading, and to transmit them to another controller. Whenever technically possible, the Controller will transmit the data directly to this other controller.
  • Right of objection: It is the User’s right not to have their personal data processed or to have their processing ceased by TALARN CONSULTING.
  • Right not to be the subject of a decision based solely on automated processing, including profiling: It is the right of the User not to be the subject of an individualized decision based solely on the automated processing of personal data, including profiling, existing unless current legislation provides otherwise.

Therefore, the User may exercise their rights by written communication addressed to the Controller with the reference “RGPD-WWW.TALARNCONSULTING.COM”, specifying:

  • Name, surname of the User and copy of the DNI. In the cases in which the representation is admitted, it will also be necessary the identification by the same means of the person who represents the User, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves identity.
  • Request with the specific reasons of the request or information to which you want to access.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request it makes.

This application and any other accompanying documents may be sent to the following address and/or e-mail address:

Postal address:
World Trade Center. Edificio Sur – 2da Planta
Muelle de Barcelona
08039 Barcelona
E-mail address: contacto@talarnconsulting.com

Links to third party websites

The Web Site may include hyperlinks or links that allow access to web pages of third parties other than TALARN CONSULTING, and therefore are not operated by TALARN CONSULTING. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which their personal data are being processed, they shall be entitled to effective judicial protection and to lodge a complaint with a control authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Controller can proceed to the same in the manner, during the periods and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

TALARN CONSULTING reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a change in legislation, jurisprudence or doctrine of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on 6 September 2019 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).


V. COOKIE POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information about the preferences determined by the User during his/her visit to the Web Site in order to recognize the User and personalize his/her experience and use of the Web Site, and may also, for example, help identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, pages viewed, time spent on the Website, and sites visited just before and just after the Website. However, no cookie allows the cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to form part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, they will be subject to the Privacy Policy described above. In this sense, for the use of the same will be necessary the consent of the User. This consent will be communicated, on the basis of an authentic choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented.

Own Cookies

Cookies are those that are sent to the User’s computer or device and managed exclusively by TALARN CONSULTING for the best performance of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the User to be recognised as a recurring visitor to the Web Site and to adapt the content to offer him/her content that suits his/her preferences.

Third-party Cookies

These are cookies used and managed by external entities that provide TALARN CONSULTING with services requested by TALARN CONSULTING in order to improve the Web Site and the user’s experience when browsing the Web Site. The main objectives for which third party cookies are used are to obtain access statistics and analyse navigation information, i.e. how the User interacts with the Web Site.

The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the User accesses, the number of Users accessing, the frequency and repetition of visits, the time of visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website and detect new needs in order to offer Users optimum quality Content and/or service. In any case, the information is collected anonymously and Web Site trend reports are produced without identifying individual users.

You can learn more about cookies, privacy information, or see the description of the type of cookies used, their main features, expiration period, etc. in the following links:

Google Analytics: https://developers.google.com/analytics/

The entities in charge of the supply of cookies may transfer this information to third parties, provided that this is required by law or that it is a third party that processes this information for these entities.

Social Network Cookies

TALARN CONSULTING incorporates social network plugins, which allow access to them from the Web Site. For this reason, social network cookies can be stored in the User’s browser. The owners of these social networks have their own data protection policies and cookies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of their personal data. For information purposes only, the links in which these privacy and/or cookie policies may be consulted are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, decline, and delete cookies

The User can disable, reject and delete the cookies -wholly or partially- installed in his device by means of the configuration of his browser (among which there are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that he refuses the use of cookies – in whole or in part – he may continue to use the Website, although he may have limited use of some of its features.

Changes to Cookie Policy

It is possible that the Cookies Policy of the Web Site may change or be updated, so it is advisable that the User reviews this policy each time you access the Web Site in order to be properly informed about how and for what we use cookies.


VI. LINK POLICY

It is reported that the TALARN CONSULTING Website makes or may make available to Users means of link (such as, but not limited to, links, banners, buttons), directories and search engines that allow Users to access websites owned and / or managed by third parties.

The installation of these links, directories and search engines on the Web Site is intended to facilitate Users’ search and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

TALARN CONSULTING does not offer or market by itself or through third parties the products and / or services available on such linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through links.

TALARN CONSULTING will never review or control the content of other websites, nor does it approve, examine or own the products and services, content, files and any other existing material on the linked sites.

TALARN CONSULTING assumes no responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by TALARN CONSULTING and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, web site to the TALARN CONSULTING Web Site should know that:

Reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorisation of TALARN CONSULTING.

No false, inaccurate or incorrect statements may be made about the TALARN CONSULTING Web Site or its Contents and/or Services.

With the exception of the hyperlink, the website on which this hyperlink is established shall not contain any element of this Website protected as intellectual property by Spanish law, unless expressly authorised by TALARN CONSULTING.

The establishment of the hyperlink shall not imply the existence of any relationship between TALARN CONSULTING and the owner of the website from which it is made, nor the knowledge and acceptance by TALARN CONSULTING of the contents, services and/or activities offered on said website, and vice versa.


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

TALARN CONSULTING is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including but not limited to images, sound, audio, video, software or texts, trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will be, therefore, works protected as intellectual property by the Spanish legal system, being applicable to both the Spanish and EU regulations in this field, as well as international treaties relating to the matter and signed by Spain.

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

The User undertakes to respect the intellectual and industrial property rights of TALARN CONSULTING. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or on any other physical support provided it is solely for your personal use. The User, however, may not delete, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of intellectual property protection rights, they must immediately notify TALARN CONSULTING through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.


VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

TALARN CONSULTING reserves the right to bring any civil or criminal action it deems necessary for the improper use of the Website and its Contents, or for non-compliance with these Conditions.

The relationship between the User and TALARN CONSULTING shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to ordinary jurisdiction and submit to the corresponding judges and courts in accordance with the law.

Last modified: 6 September 2019