GENERAL CONDITIONS OF USE AND LEGAL NOTICES
The Web Site www.martiapi.com (hereinafter the "Web Site") is the property of MARTIAPI S.L. hereinafter the Data Controller.
RESPONSIBLE FOR THE TREATMENT: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA info@martiapi.com - 972773508
Companies Register of Girona, Volume 1281, Folio 222, Register Page GI-21806, 6th Inscription.
MARTIAPI S.L. welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter "General Conditions of Use and Legal Notices") which describe the terms and conditions that will be applicable to your browsing on this website, in accordance with the provisions of the applicable Spanish legislation. Given that www.martiapi.com may modify these Terms of Use in the future, we recommend that you visit them periodically in order to be duly informed of any changes made.
In order to ensure that the Website complies with the criteria of transparency, clarity and simplicity, we recommend that the User should contact www.martiapi.com with any suggestions, doubts or queries regarding the General Conditions of Use by calling +0034 972773508 or sending an e-mail to: info@martiapi.com.
1. PURPOSE
www.martiapi.com provides the content and services that are available on the website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter "Basic information on data protection"). Access to this website or its use in any form grants you the status of User and implies the unreserved acceptance of each and every one of these Terms of Use, with www.martiapi.com reserving the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, and therefore, if they do not agree with any of the terms and conditions set forth herein, they should refrain from using this Website.
You are also advised that, on occasions, special conditions may be established for the use of specific contents and/or services on the website, the use of said contents or services will imply the acceptance of the special conditions specified therein.
It is important, in accordance with the recent European regulations on Data Protection EU REGULATION 2016/679 of the European Parliament and Council that seeks to preserve the confidentiality and security of your personal data, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, that you read the Basic Information on this or other websites where you leave your details.
Language and interpretation of the contract
The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version will prevail. As far as the interpretation of contracts is concerned, the Spanish Civil Code articles 1281 et seq. will be specifically observed.
You should also know that the fact of leaving your details does not attribute, confirm, cancel, legitimise or perfect any contractual link with our company, without prior payment for the services you wish to contract.
This is a distance contract, so the general provisions of the law of consumers and users will be observed.
2. SERVICES
Welcome to our real estate agency if you are looking for a house, a flat, a flat for sale or rent for you, your family, as a holiday place or your home.
We have availability of penthouses, penthouses with duplex, farmhouses, buildings, studios, commercial premises, industrial buildings, offices. Plots of land, car parks, industrial land, urban land, offices, etc...
MARTIAPI S.L. is a family business dedicated to the real estate sector for more than 50 years.
Even after the purchase MARTIAPI S.L. is at your disposal for all your real estate needs.
Our model and service is based on quality, comfort and direct contact. We are at your disposal to solve your problems or answer your questions.
If you are looking for a house to enjoy your retirement or you want to turn your life around by living in one of the most fantastic surroundings on the Costa Brava, we can help you find what you need according to your preferences.
MARTIAPI S.L. is a family business dedicated to the real estate sector for more than 50 years.
Located in the town of l'Escala, our area of influence extends throughout the province of Girona, and especially in the regions of Baix and Alt Empordà.
With MARTIAPI S.L. , API nº 786 (Registered Real Estate Agent), AICAT nº 8470 (registered in the registry of Real Estate Agents of Catalonia), you will always have a personalised service and the peace of mind of having a real estate professional at your side, at any time and for all the services we offer:
- Buying and selling and renting of houses, flats, car parks, premises, plots ...
- After-sales service
- Financing
- Home staging
- Insurance
Access to the website
Access to the Website is free of charge. In any case, the User will be required to accept these General Conditions, as well as the Privacy Policy and the Cookies Policy.
Necessity of Registration
The use of certain services and content may be conditional upon the User's prior Registration. In the form you will be asked for your name or e-mail address and a password, a mobile phone number to contact you, and you must accept the Terms of Use of our website, as well as its Privacy Policy.
The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the safekeeping of his/her password if requested to do so, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of it. For these purposes, access to restricted areas and/or the use of the services and contents carried out by a User who has registered shall be deemed to have been carried out by said registered User, who shall be liable in all cases for said access and use.
Availability of the properties
The act of leaving your contact details and notes does not constitute a contract with our company.
You will be able to buy or rent the properties that appear on our web page www.martiapi.com , but first you must leave your details and indicate the ones you are interested in, we will be able to contact you to better specify and attend to your needs or propose others. Our technicians and real estate consultants with experience in the sector guarantee the quality of all our products and services so that our clients are completely satisfied.
The sale of real estate in Spain requires formalisation before a Notary Public and it is desirable to register the property in the Land Registry. If you wish, we can take care of the whole process of the sale and purchase with the maximum legal security.
Acceptance of the Terms of Service
- We reserve the right to restrict access to the application and all services if you have been or we have reasonable grounds to believe that you have been convicted of an offence involving moral turpitude or any offence under the Spanish Criminal Code and EU Community law.
- You agree to use our application and services:
Our services are designed to comply with the laws of Spain and/or European regulations governing EU Community law and are intended for users in Spain. However, our services may be available in jurisdictions outside Spain at our discretion.
If you access our services from locations outside Spain, you agree and acknowledge that you do so at your own risk and you are solely responsible for compliance with applicable local laws. We will not be liable for any loss or damage arising from your use of our services.
You must ensure that all information provided by you during registration and during your use of the App is true, current, complete and accurate and that, in the event of any change to your information at any time during your use of the App, you must update your information to ensure that it remains true, current, complete and accurate at all times.
You agree that we may, subject to the Privacy Policy, access, retain, transfer and disclose your personal information and documentation to law enforcement or to any private party by order under applicable law such as but not limited to: enforcing and complying with legal process and/or applicable law; enforcing these Terms of Service; responding to your requests for customer service; or protecting the rights, property or personal safety in the Kingdom of Spain as a state within the European Union.
We regularly make changes to our application and various aspects of testing our services including the user interface, promotional features and availability of features. You agree and acknowledge that the App may contain tools that allow us to carry out these tests.
You agree that we have the right to suspend your access to the services at any time and for any purpose, without notice.
REGISTER
To REGISTER or to access or contract a service you may do so by simply leaving your details in the questionnaire that we propose, this information is necessary to obtain an optimal service and necessary to obtain the qualification of User.
By leaving your details you are giving your express consent to receive information via email, text message, phone call or letter about the various activities and services provided by www.martiapi.com.
You also authorise us to send you Newsletters about news, articles, events and services considered to be of interest to you or your company.
The data you provide will be included in our WEBSITE AND SOCIAL NETWORKS, CUSTOMERS and SUPPLIERS, in order to provide you with the requested services. Your personal information will not be shared with third parties without your consent, as detailed in the Privacy and Data Protection Policy.
4. UNSUBSCRIBE
The user may UNSUBSCRIBE at any time and whenever he/she deems it appropriate for FREE, and may exercise his/her rights of access, rectification, deletion or opposition, portability and limitation of the purpose, in addition to those described in the Organic Law 3/2018 in its title X
- A - Through the same web page that you have accessed, explaining Baja in the free text section.
- B .- By sending an email to info@martiapi.com with your personal details.
- C - By sending a letter to MARTIAPI S.L. (See Personal Data Protection section).
Any of the methods we offer is valid to UNSUBSCRIBE from the services and publicity concerning our company.
Price of the products
The prices of the products are those indicated in the attached description. All prices indicated in the product description are expressed in Euro currency (€).
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all the contents shown on the website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any of the signs susceptible of industrial and/or commercial use are subject to intellectual property rights and all brands, commercial names or distinctive signs, all intellectual and industrial property rights, on the contents and/or any other elements inserted on the page, are the exclusive property of www.martiapi.com and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or any other form of public communication, transform or modify such content, holding www.martiapi.com harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of said rights, unless expressly established otherwise. These General Conditions of Use of this Website do not grant Users any other type of right of use, exploitation, alteration, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided for herein. Any other use or exploitation of any of the rights shall be subject to the prior and express authorisation specifically granted for this purpose by www.martiapi.com or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation www.martiapi.com navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
Likewise, it is forbidden to delete, evade or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, reserving in any case to www.martiapi.com the exercise of any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User undertakes to:
(a) Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (I) the legislation applicable at all times; (II) the General Conditions of the Website; (III) generally accepted morals and good customs and (IV) public order.
b) To provide all the technical means and requirements necessary to access the Website.
c) To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to www.martiapi.com or to third parties as a result of the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
a) Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of www.martiapi.com, its suppliers or third parties.
e) Attempt to access, use and/or manipulate the data of www.martiapi.com third party suppliers and other Users.
f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
g) Delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of www.martiapi.com or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(I) In any way, is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in the rest of the legislation in force.
(II) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
(III) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(IV) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.
(V) Induces or is likely to induce an unacceptable state of anxiety or fear.
(VI) Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium.
(VII) Is protected by intellectual or industrial protection legislation belonging to www.martiapi.com or to third parties without the intended use having been authorised.
(VIII) It is contrary to the honour, personal and family privacy or self-image of persons.
(IX) Constitutes any type of advertising.
(X) Includes any type of virus or programme that prevents the normal operation of the Website.
If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she undertakes to notify www.martiapi.com of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as you do not notify www.martiapi.com, you will be exempt from any liability that may arise from the improper use of your password, and you will be responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or fraudulently fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for www.martiapi.com as a result of such non-compliance.
5. HYPER LINKS
The user undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the www.martiapi.com website or any of its contents, unless expressly authorised in writing.
The www.martiapi.com website does not normally include links to other websites managed by third parties, but if it does and in order to facilitate the User's access to the information of collaborating and/or sponsoring entities www.martiapi.com is not responsible for the content of said websites, nor does it place itself in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through third party links.
The user is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not imply that www.martiapi.com recommends that website or its services or products; (ii) may not misrepresent their relationship with www.martiapi.com or state that www.martiapi.com has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of www.martiapi. com; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or to create a browser over any of the pages of the Website. www.martiapi.com may request, at any time, that you remove any link to the Website, after which you must immediately proceed to remove the link www.martiapi.com cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, www.martiapi.com assumes no responsibility whatsoever for any aspect relating to such websites.
6. COOKIES
www.martiapi.com reserves the right to use "cookie" technology on the Website in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user's personal data.
The cookies used are as follows: Own cookies, Google Analytics, Google Adwords.
Cookies are files sent to a browser by a web server to record the User's browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser's instructions for use.
Thanks to cookies, it is possible that www.martiapi.com recognizes the browser of the computer used by the User in order to provide content and offer browsing preferences or advertising that the User, the demographic profiles of Users, as well as to measure visits and traffic parameters, monitor progress and number of entries.
You can remove or block cookies using your browser options, but in some cases, this may affect your ability to use www.martiapi.com . More general information about COOKIES can be found in our PRIVACY POLICY AND DATA PROTECTION section.
7. RESPONSIBILITIES
www.martiapi.com does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of www.martiapi.com, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.
www.martiapi.com is not responsible for any decisions that may be taken as a result of access to the contents or information offered.
www.martiapi.com may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its Website or any of the services offered on it is contrary to these General Conditions of Use.
It shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, it shall not be liable for any damages that may arise, among others, from:
(I) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or for any other cause beyond the control of www.martiapi.com
(II) Illegitimate intrusions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
(III) Improper or inappropriate use of the Website.
(IV) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of www.martiapi.com reserve the right to withdraw, totally or partially, any content or information present on the Website.
(V) www.martiapi.com excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by the Users of the Website.
Likewise, www.martiapi.com is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of services for queries and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the user may be claimed by www.martiapi.com for the damages caused.
You will defend, indemnify and hold www.martiapi.com harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. You also agree to indemnify www.martiapi.com against any damages arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
8. DATA PROTECTION
In order to use some of the Services, Users must first provide certain personal data. For this purpose, MARTIAPI S.L will automatically process personal data in accordance and in compliance with 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. To this end, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, to the provisions of the conditions defined in the Privacy and Data Protection Policy presented by the Website.
You can always exercise your statutory rights of access, rectification, erasure and objection, as well as the right of restriction and portability free of charge. In order to do so, you or a legally authorised person must provide the following documents to the Data Controller with the necessary data:
- Photocopy of ID card
- Identification and sufficient representation.
- Explanation and purpose of the complaint.
- Address for sending communications, or e-mail, so that we can contact you as soon as possible.
9. CODE OF CONDUCT
General principles.
We undertake that the content of the services offered will not:
1 - Induce or promote sexual, racial or religious discrimination or any other violation of fundamental rights and public freedoms recognised by the Spanish Constitution and the rest of the legal system.
2 - Induce or incite to act illegally.
3 - Lead to erroneous conclusions as a result of inaccuracy, ambiguity, exaggeration, omission or similar.
4 - Inducing an unacceptable state of anxiety or fear, or taking advantage of or exploiting the caller's state of financial, occupational or personal need.
5 - Inducing or inciting any person to engage in dangerous or risky practices, or practices that threaten health or psychological equilibrium.
6 - Infringe the legal or regulatory norms on the secrecy of communications, intellectual property, the right to honour and personal or family privacy, or any other provision applicable to the nature of the service.
7 - Contain false or outdated information.
8 - Services that include requests for personal information or personal data, including name, address or other data, including landline or mobile telephone numbers, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.
10. DURATION AND TERMINATION
The provision of the service of this Website and the other services shall in principle have an indefinite duration. However, www.martiapi.com may terminate or suspend any of the portal services. Whenever possible, www.martiapi.com will announce the termination or suspension of the provision of a specific service.
11. DECLARATIONS AND GUARANTEES
In general, the contents and services offered on the Website are for information purposes only. Consequently, by offering them, www.martiapi.com does not grant any guarantee or declaration whatsoever in relation to the contents and services offered on the Web Site, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy or marketability, except insofar as such declarations and guarantees cannot be excluded by law.
12. FORCE MAJEURE
www.martiapi.com shall not be liable in the event of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.
13. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as the use of the Website, shall be governed expressly by Spanish law, within the scope of private international law. Any dispute shall be resolved before the Courts of Figueras, unless any international law or treaty shall act as special law.
Contracts entered into by electronic means in which a consumer is a party shall be presumed to have been entered into in the place where the consumer has his or her habitual residence.
Electronic contracts between traders or professionals, in the absence of an agreement between the parties, shall be presumed to have been concluded at the place where the service provider is established.
In the event that any provision of these General Terms and Conditions is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Terms and Conditions unenforceable or void as a whole. In such cases, it shall amend or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.
(Translated from Spanish by deepl.com. The legal and official version is the Spanish one)
Responsable: MARTÍAPI SL
Finalidad: To send information about real estate that match the requirements of the client presented by filling this form.
Legitimación: To implement pre-contract measures to the clients request (budget request or information about our professional services).
Destinatarios: This data will arrive at the office and there is no expected data transfer if not for legal obligation.
Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@martiapi.com
PRIVACY AND DATA PROTECTION POLICY
The website www.martiapi.com (hereinafter, the "Website") is the property of MARTIAPI S.L. hereinafter the Data Controller.
RESPONSIBLE FOR THE TREATMENT: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA info@martiapi.com - 972773508
MARTIAPI S.L. welcomes you and invites you to read carefully the Privacy and Data Protection Policy which describes the terms and conditions that will be applicable in accordance with the provisions of the applicable Spanish regulations. Given that www.martiapi.com may modify this Privacy and Data Protection Policy in the future, we recommend that you visit it periodically in order to be duly informed of any changes made.
In order to ensure that the Website complies with the criteria of transparency, clarity and simplicity, we recommend that Users should contact www.martiapi.com with any suggestions, doubts or queries regarding the General Conditions of Use by calling +0034 972773508 or sending an e-mail to info@martiapi.com.
PROCESSING PRINCIPLES Your personal data will be processed:
- In a lawful, fair and transparent manner in relation to the data subject.
- Collected for specified, explicit and legitimate purposes, and will not be further processed in a way incompatible with these purposes; for archiving purposes in the public interest, scientific and historical research purposes or even statistical purposes is not considered incompatible with the initial purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and up to date; they shall take all reasonable steps to ensure that personal data which are inaccurate in relation to the purposes for which they are processed are erased or rectified without delay.
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be retained for longer periods provided that they are processed exclusively for archiving purposes in the public interest, scientific or historical research purposes or even statistical purposes.
- Processed in such a way as to ensure appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by implementing appropriate technical or organisational measures.
LANGUAGE: The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail. As far as the interpretation of contracts is concerned, Articles 1281 et seq. of the Spanish Civil Code shall be specifically observed.
PURPOSE:
- To manage the sale of products and services compatible with our corporate purpose, relating to the rental and sale of real estate, for tourist use and for use as a permanent residence.
- To attend to your requests, invoice these services or purchases, manage cancellations and refunds within the legal deadlines set out in Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1 / 2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- To send advertising and promotions related to our corporate purpose and its areas of interest, by any means, whether by post, telematic, or through fixed or mobile telephony. As well as inviting them to events organised by the company both in person and online.
REGULATORY COMPLIANCE:
We reserve the right to store and retain information provided by you, including the services used, information including account information and personal data to comply with applicable laws, where necessary to provide evidence in arbitration or court, keeping it locked and pseudonymised, to ensure its security, secrecy and confidentiality.
CONSENT:
We will not process data without explicit consent for each of the purposes, only when:
- Where it is necessary for the performance of a contract to which the data subject is a party or for the implementation at the request of the data subject of pre-contractual measures.
- Where it is necessary for compliance with a legal obligation applicable to the controller.
- Where processing is necessary for the protection of vital interests of the data subject or of another natural person;
- where it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
To this end, we will ensure that appropriate safeguards, which may include encryption or pseudonymisation, are in place to protect the identity of the user.
LEGITIMACY:
Consent, contractual relationship and legitimate interest.
LEGAL BASIS:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data shall under no circumstances transfer your personal data, Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights, Law 34/2002 of 11 July on information society services and electronic commerce. Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
RECIPIENTS:
We assign data to third parties such as operators who manage the website and who maintain our computer application that allows us the ordinary management of our services, essential for the management of our activity. We may send your data, only if you authorise it, to VCB L'ESCALA S.L. B02635639 AVENIDA MONTGO, 14 17130 L'ESCALA, partnner.
DURATION:
The data provided will be kept for a period of 5 years from the last contracting; if not, unless you have not previously requested the blocking or deletion of the same; or, as prescribed by tax legislation. Fiscal data will be kept for 5 years by legal prescription.
QUALITY OF THE DATA:
All data requested through the website are obligatory, as they are necessary for the provision of an optimal service to the user. In the event that all the data is not provided, the provider does not guarantee the provision of the services requested.
The user will be solely responsible for the accuracy and updating of the data provided through the various forms on the website.
PROFILING
We will not automatically process your personal data.
ADDITIONAL INFORMATION:
You may at any time request additional information about your personal data ("second layer"), at the same address we provide you with in order to exercise your rights.
MINORS:
Our services are not aimed at minors or persons who are incapacitated when contracting. We understand that they have the authorisation and consent of their parents, guardians or legal representatives. It will be under their responsibility, the use of these either by negligence or by invigilating fault, which could cause a non-contractual liability.
DIGITAL WILL:
Persons linked to the death for family or de facto reasons, as well as their heirs, may contact the data controller in order to access this content and give the instructions they deem appropriate regarding its use, destination or deletion.
The aforementioned persons may not access the contents of the deceased, nor request their modification or deletion, when the deceased person has expressly forbidden it or when so established by law.
INTERNATIONAL DATA TRANSFERS
International transfers of personal data are not foreseen.
RIGHTS:
You may exercise your rights of access, rectification, deletion and/or opposition, as well as the right of purpose limitation and portability. You can contact us at our postal address: or to our postal address by writing to the person in charge of our company's archives. In order to do so, it is necessary to provide personal data and supporting documents together with your request.
To do so, it is necessary that you yourself, or by means of a legally authorised person, provide the following documents:
- Photocopy of ID card
- Identification and sufficient representation.
- Explanation and purpose of the claim.
- Address for sending communications, or e-mail, so that we can contact you as soon as possible.
COMPLEMENTARY INFORMATION:
You have the right to obtain confirmation on how our company is processing your personal data. Therefore, you have the right to access your personal data, inaccurate data or request their deletion when the data are no longer necessary for the purposes for which they were collected at any time, easily and free of charge.
You can also UNSUBSCRIBE from receiving promotional messages, in compliance with the LSSICE 34/2002. To do so, it is necessary to provide the following data:
- Name of the company and details of its representative.
- Postal and e-mail address where you wish to receive communications. - Clear request, which does not need to be motivated.
RIGHTS
- Right of access: this right allows the data subject to know and obtain information about his or her personal data subject to
personal data subject to processing.
- Right of rectification or erasure: to correct errors and modify them if they are inaccurate or incomplete.
- Right of erasure: to allow the deletion of data that are inadequate or excessive.
- Right to object: the data subject's right not to have his or her personal data processed or to have it cease to be processed.
personal data or the cessation of processing.
- Limitations on processing: this entails the right to limit the processing of personal data held, in order to limit future processing.
- Data portability: The duty on the part of the data controller to provide the data subject's processed data, and to transmit it to another data controller provided that it is in automated format.
- Right not to be subject to automated individual decisions (including profiling): the right not to be subject to decisions based exclusively on automated processing that may violate fundamental rights of the data subject.
- Right to withdraw consent: As a user, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of this consent.
- You can always contact the supervisory authority, in this case the Spanish Data Protection Agency, if you believe that your requests have not been met. www.aepg.es
SECURITY MEASURES
The data you provide will be treated confidentially. The data controller has adopted all the technical and organisational measures and all the necessary levels of protection to guarantee security in the processing of data and to avoid its alteration, loss, theft, unauthorised processing or access, in accordance with the state of technology and the nature of the data stored.
Likewise, it is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the regulations in force.
CODE OF CONDUCT OF OUR ESTABLISHMENT General principles.
We are committed to ensuring that the contents of our services:
- Will not induce or promote sexual, racial or religious discrimination or any other violation of the fundamental rights and public freedoms recognised by the Spanish Constitution or EU regulations.
- They shall not induce or incite to act illegally.
- They shall not lead to erroneous conclusions as a result of inaccuracy, ambiguity, exaggeration, omission or similar,
exaggeration, omission or similar.
- They shall not induce an unacceptable state of anxiety or fear, or exploit or exploit a state of economic, occupational or personal need.
economic, occupational or personal need of the user.
- They shall not induce or incite any person to engage in any unsafe, hazardous or dangerous practices or to
practices that threaten health or mental equilibrium.
- They shall not infringe the legal or regulatory rules on the secrecy of communications,
intellectual property, right to honour and personal or family privacy, or any other provision applicable to the nature of the service.
applicable to the nature of the service.
- Not contain false information.
- The services that incorporate requests for information or personal data, including
name, address or other data, including landline or mobile telephone numbers, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.
Users have the right to:
- Receive objective, prior, accurate and complete information on the conditions of provision of the products offered to them.
- Receive the products under the conditions offered or agreed with the company or the person providing the service.
- Obtain the documents accrediting the terms of the contract and the invoices for the products paid for, issued in accordance with the regulations in force.
- Formulate the complaints they consider pertinent and obtain without delay the official form to make them and the appropriate guidance for filling them in.
- Request and obtain the actions of the arbitration bodies regulated by the applicable legislation.
- Request and receive assistance from the administrations, when necessary for the defence of their rights as users, regardless of their origin and destination and without prejudice to the competencies of other bodies and authorities.
- e) Request and receive quality information regarding products and methods of delivery and payment.
Responsable: MARTÍAPI SL
Finalidad: To send information about your property to the real estate agency so it can evaluate if it will offer your property to its clients to try to sell or rent it.
Legitimación: The legitimacy is based on the consent you gave us when clicking the button “I accept the data protection policy”.
Destinatarios: The client’s data won’t be transferred to anyone, if not for legal obligation. The real estate’s data might be delivered to collaborating real estate agencies or published on web pages and real estate portals.
Derechos: You may use your right to access, modify, suppress, oppose, transfer or withdraw your consent on your personal data through the email info@martiapi.com
PRIVACY AND DATA PROTECTION POLICY
The website www.martiapi.com (hereinafter, the "Website") is the property of MARTIAPI S.L. hereinafter the Data Controller.
RESPONSIBLE FOR THE TREATMENT: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA info@martiapi.com - 972773508
MARTIAPI S.L. welcomes you and invites you to read carefully the Privacy and Data Protection Policy which describes the terms and conditions that will be applicable in accordance with the provisions of the applicable Spanish regulations. Given that www.martiapi.com may modify this Privacy and Data Protection Policy in the future, we recommend that you visit it periodically in order to be duly informed of any changes made.
In order to ensure that the Website complies with the criteria of transparency, clarity and simplicity, we recommend that Users should contact www.martiapi.com with any suggestions, doubts or queries regarding the General Conditions of Use by calling +0034 972773508 or sending an e-mail to info@martiapi.com.
PROCESSING PRINCIPLES Your personal data will be processed:
- In a lawful, fair and transparent manner in relation to the data subject.
- Collected for specified, explicit and legitimate purposes, and will not be further processed in a way incompatible with these purposes; for archiving purposes in the public interest, scientific and historical research purposes or even statistical purposes is not considered incompatible with the initial purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and up to date; they shall take all reasonable steps to ensure that personal data which are inaccurate in relation to the purposes for which they are processed are erased or rectified without delay.
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be retained for longer periods provided that they are processed exclusively for archiving purposes in the public interest, scientific or historical research purposes or even statistical purposes.
- Processed in such a way as to ensure appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by implementing appropriate technical or organisational measures.
LANGUAGE: The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail. As far as the interpretation of contracts is concerned, Articles 1281 et seq. of the Spanish Civil Code shall be specifically observed.
PURPOSE:
- To manage the sale of products and services compatible with our corporate purpose, relating to the rental and sale of real estate, for tourist use and for use as a permanent residence.
- To attend to your requests, invoice these services or purchases, manage cancellations and refunds within the legal deadlines set out in Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1 / 2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- To send advertising and promotions related to our corporate purpose and its areas of interest, by any means, whether by post, telematic, or through fixed or mobile telephony. As well as inviting them to events organised by the company both in person and online.
REGULATORY COMPLIANCE:
We reserve the right to store and retain information provided by you, including the services used, information including account information and personal data to comply with applicable laws, where necessary to provide evidence in arbitration or court, keeping it locked and pseudonymised, to ensure its security, secrecy and confidentiality.
CONSENT:
We will not process data without explicit consent for each of the purposes, only when:
- Where it is necessary for the performance of a contract to which the data subject is a party or for the implementation at the request of the data subject of pre-contractual measures.
- Where it is necessary for compliance with a legal obligation applicable to the controller.
- Where processing is necessary for the protection of vital interests of the data subject or of another natural person;
- where it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
To this end, we will ensure that appropriate safeguards, which may include encryption or pseudonymisation, are in place to protect the identity of the user.
LEGITIMACY:
Consent, contractual relationship and legitimate interest.
LEGAL BASIS:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data shall under no circumstances transfer your personal data, Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights, Law 34/2002 of 11 July on information society services and electronic commerce. Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
RECIPIENTS:
We assign data to third parties such as operators who manage the website and who maintain our computer application that allows us the ordinary management of our services, essential for the management of our activity. We may send your data, only if you authorise it, to VCB L'ESCALA S.L. B02635639 AVENIDA MONTGO, 14 17130 L'ESCALA, partnner.
DURATION:
The data provided will be kept for a period of 5 years from the last contracting; if not, unless you have not previously requested the blocking or deletion of the same; or, as prescribed by tax legislation. Fiscal data will be kept for 5 years by legal prescription.
QUALITY OF THE DATA:
All data requested through the website are obligatory, as they are necessary for the provision of an optimal service to the user. In the event that all the data is not provided, the provider does not guarantee the provision of the services requested.
The user will be solely responsible for the accuracy and updating of the data provided through the various forms on the website.
PROFILING
We will not automatically process your personal data.
ADDITIONAL INFORMATION:
You may at any time request additional information about your personal data ("second layer"), at the same address we provide you with in order to exercise your rights.
MINORS:
Our services are not aimed at minors or persons who are incapacitated when contracting. We understand that they have the authorisation and consent of their parents, guardians or legal representatives. It will be under their responsibility, the use of these either by negligence or by invigilating fault, which could cause a non-contractual liability.
DIGITAL WILL:
Persons linked to the death for family or de facto reasons, as well as their heirs, may contact the data controller in order to access this content and give the instructions they deem appropriate regarding its use, destination or deletion.
The aforementioned persons may not access the contents of the deceased, nor request their modification or deletion, when the deceased person has expressly forbidden it or when so established by law.
INTERNATIONAL DATA TRANSFERS
International transfers of personal data are not foreseen.
RIGHTS:
You may exercise your rights of access, rectification, deletion and/or opposition, as well as the right of purpose limitation and portability. You can contact us at our postal address: or to our postal address by writing to the person in charge of our company's archives. In order to do so, it is necessary to provide personal data and supporting documents together with your request.
To do so, it is necessary that you yourself, or by means of a legally authorised person, provide the following documents:
- Photocopy of ID card
- Identification and sufficient representation.
- Explanation and purpose of the claim.
- Address for sending communications, or e-mail, so that we can contact you as soon as possible.
COMPLEMENTARY INFORMATION:
You have the right to obtain confirmation on how our company is processing your personal data. Therefore, you have the right to access your personal data, inaccurate data or request their deletion when the data are no longer necessary for the purposes for which they were collected at any time, easily and free of charge.
You can also UNSUBSCRIBE from receiving promotional messages, in compliance with the LSSICE 34/2002. To do so, it is necessary to provide the following data:
- Name of the company and details of its representative.
- Postal and e-mail address where you wish to receive communications. - Clear request, which does not need to be motivated.
RIGHTS
- Right of access: this right allows the data subject to know and obtain information about his or her personal data subject to
personal data subject to processing.
- Right of rectification or erasure: to correct errors and modify them if they are inaccurate or incomplete.
- Right of erasure: to allow the deletion of data that are inadequate or excessive.
- Right to object: the data subject's right not to have his or her personal data processed or to have it cease to be processed.
personal data or the cessation of processing.
- Limitations on processing: this entails the right to limit the processing of personal data held, in order to limit future processing.
- Data portability: The duty on the part of the data controller to provide the data subject's processed data, and to transmit it to another data controller provided that it is in automated format.
- Right not to be subject to automated individual decisions (including profiling): the right not to be subject to decisions based exclusively on automated processing that may violate fundamental rights of the data subject.
- Right to withdraw consent: As a user, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of this consent.
- You can always contact the supervisory authority, in this case the Spanish Data Protection Agency, if you believe that your requests have not been met. www.aepg.es
SECURITY MEASURES
The data you provide will be treated confidentially. The data controller has adopted all the technical and organisational measures and all the necessary levels of protection to guarantee security in the processing of data and to avoid its alteration, loss, theft, unauthorised processing or access, in accordance with the state of technology and the nature of the data stored.
Likewise, it is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the regulations in force.
CODE OF CONDUCT OF OUR ESTABLISHMENT General principles.
We are committed to ensuring that the contents of our services:
- Will not induce or promote sexual, racial or religious discrimination or any other violation of the fundamental rights and public freedoms recognised by the Spanish Constitution or EU regulations.
- They shall not induce or incite to act illegally.
- They shall not lead to erroneous conclusions as a result of inaccuracy, ambiguity, exaggeration, omission or similar,
exaggeration, omission or similar.
- They shall not induce an unacceptable state of anxiety or fear, or exploit or exploit a state of economic, occupational or personal need.
economic, occupational or personal need of the user.
- They shall not induce or incite any person to engage in any unsafe, hazardous or dangerous practices or to
practices that threaten health or mental equilibrium.
- They shall not infringe the legal or regulatory rules on the secrecy of communications,
intellectual property, right to honour and personal or family privacy, or any other provision applicable to the nature of the service.
applicable to the nature of the service.
- Not contain false information.
- The services that incorporate requests for information or personal data, including
name, address or other data, including landline or mobile telephone numbers, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.
Users have the right to:
- Receive objective, prior, accurate and complete information on the conditions of provision of the products offered to them.
- Receive the products under the conditions offered or agreed with the company or the person providing the service.
- Obtain the documents accrediting the terms of the contract and the invoices for the products paid for, issued in accordance with the regulations in force.
- Formulate the complaints they consider pertinent and obtain without delay the official form to make them and the appropriate guidance for filling them in.
- Request and obtain the actions of the arbitration bodies regulated by the applicable legislation.
- Request and receive assistance from the administrations, when necessary for the defence of their rights as users, regardless of their origin and destination and without prejudice to the competencies of other bodies and authorities.
- e) Request and receive quality information regarding products and methods of delivery and payment.
Responsable: El Sitio Web www.martiapi.com (en adelante, el “Sitio Web”) es propiedad de MARTIAPI S.L
en adelante Responsable del Tratamiento.
RESPONBLE DEL TRATAMIENTO: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA
info@martiapi.com - 972773508
MARTIAPI S.L le da la bienvenida y le invita a leer atentamente las Política de Privacidad y protección de Datos que describen los términos y condiciones que serán aplicables a de conformidad con lo establecido en la normativa española de aplicación. Dado que www.martiapi.com podría modificar en el futuro estas Política de Privacidad y protección de Datos, le recomendamos que las visite periódicamente para estar debidamente informado de los cambios realizados.
Con el ánimo de que el Sitio Web se ajuste a los criterios de transparencia, claridad y sencillez recomienda al Usuario que cualquier sugerencia, duda o consulta sobre las Condiciones Generales de Uso pueda solucionarla contactando con www.martiapi.com a través del Telf.: +0034 972773508 o en la dirección de correo electrónico: info@martiapi.com
Finalidad:
FINALIDAD:
• Gestionar la venta de productos y servicios compatibles con nuestro objeto social, referente al alquiler y venta de inmuebles, para uso turístico y para uso de vivienda habitual.
• Atender sus demandas, facturar estos servicios o compras, gestionar desistimientos y reembolsos en los plazos legales previstos en la Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico, Real Decreto Legislativo 1 / 2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias.
• Enviar publicidad y promociones relacionados con nuestro objeto social y con sus áreas de interés, por cualquier medio sea postal, telemático; o a través de medios de telefonía fija o móvil. Así como, invitarlos a eventos organizados por la empresa tanto presenciales como online.
CUMPLIMIENTO NORMATIVO:
Reservado el derecho de almacenar y retener información proporcionada por usted, incluyendo los servicios utilizados, información que incluye información de cuenta y datos personales para cumplir con las leyes aplicables, cuando sea necesaria la aportación de pruebas en arbitrajes o tribunales, manteniendo bloqueados y seudonimizados, para garantizar su seguridad, secreto y confidencialidad.
LICITUD:
No trataremos datos sin el consentimiento explícito para cada una de las finalidades, sólo cuando:
• Cuando sea necesario para la ejecución de un contrato en el que el interesado es parte o para la aplicación a petición de éste de medidas precontractuales.
• Cuando sea necesario para el cumplimiento de una obligación legal aplicable el responsable del tratamiento.
• Cuando sea necesario el tratamiento es necesario para proteger intereses vitales del interesado o de otra persona física;
• Cuando sea necesario para la satisfacción de intereses legítimos perseguidos por el responsable del tratamiento o por un tercero, siempre que sobre estos intereses no prevalezcan los intereses o los derechos y libertades fundamentales del interesado que requieran la protección de datos personales, en particular cuando el interesado sea un niño.
Para ello procuraremos la existencia de garantías adecuadas, que podrán incluir el cifrado o seudonimización, y de los datos, para quede protegida la identidad del usuario.
Legitimación: LEGITIMACIÓN:
Consentimiento, relación contractual e interés legítimo.
BASE LEGAL:
Reglamento (UE) 2016/679 del Parlamento Europeo y de Consejo, de 27 de abril de 2016, relativo a la protección de las personas físicas con respecto a el tratamiento de datos personales ya la libre circulación de estos datos no cederá en ningún caso sus datos personales, Ley orgánica 3/2018, de 5 de diciembre, de protección de datos personales y garantía de los derechos digitales, Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico. Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias.
Destinatarios: PRINCIPIOS RELATIVOS A EL TRATAMIENTO Sus datos personales serán tratados:
• De manera lícita, leal y transparente en relación con el interesado
• Recogidas con fines determinados, explícitos y legítimos, y no serán tratados ulteriormente de manera incompatible con estos fines; con fines de archivo en interés público, fines de investigación científica e histórica o incluso estadísticas no se considera incompatible con los fines iniciales.
• Adecuadas, pertinentes y limitadas a lo necesario en relación con los fines para los que son tratados.
• Exactas y actualizadas; adoptarán todas las medidas razonables para que se supriman o rectifiquen sin dilación los datos personales que sean inexactos respecto a los fines para los que se tratan.
• Mantenidos de forma que se permita la identificación de los interesados durante no más tiempo del necesario para los fines del tratamiento de los datos personales; los datos personales podrán conservar durante períodos más largos siempre que se traten
exclusivamente con fines de archivo en interés público, fines de investigación científica o histórica o incluso estadísticas.
• Tratados de tal manera que se garantice una seguridad adecuada de los datos personales, incluida la protección contra el tratamiento no autorizado o ilícito y contra su pérdida, destrucción o daño accidental, mediante la aplicación de medidas técnicas u organizativas apropiadas.
IDIOMA: El idioma aplicable a esta política de privacidad es el español. Por tanto, en caso de que hubiera alguna contradicción en alguna de las versiones facilitadas en otros idiomas, prevalecerá la versión en español. En cuanto a lo que a la interpretación de los contratos se refiere, se atenderá específicamente a los arts. 1281 y s. s. del Código Civil Español.
Derechos: DERECHOS
• Derecho de acceso: permite al interesado conocer y obtener información sobre sus datos de
carácter personal sometidos a tratamiento.
• Derecho de rectificación o supresión: permite corregir errores y modificarlas que sean inexactos o incompletos.
• Derecho de supresión: permitir que se supriman los des que sean inadecuadas o excesivas.
• Derecho de oposición: derecho del interesado a que no se lleve a cabo el Tratamiento de sus
datos de carácter personal o el cese del tratamiento.
• Limitaciones del Tratamiento: conlleva el poder limitar el tratamiento de los datos personales conservados, con el fin de limitar un futuro tratamiento.
• Portabilidad de los datos: El deber por parte del responsable del Tratamiento de facilitar los datos objeto de tratamiento del interesado, y transmitirlo a otro responsable del tratamiento siempre que sea en formato automatizado.
• Derecho a no ser Objeto de decisiones individuales automatizadas (incluida la elaboración de Perfiles): derecho a no ser objeto de decisiones basadas exclusivamente en los tratamientos automatizados que puedan conculcar derechos fundamentales de la persona interesada.
• Derecho a retirar el consentimiento: Como usuario, tiene derecho a retirar el consentimiento prestado a cualquier momento. La retirada del consentimiento no afectará a la licitud del tratamiento efectuado antes de la retirada de este consentimiento.
• Siempre puede dirigirse a la autoridad de control, en este caso la Agencia Española de Protección de Datos si cree no han sido atendidas sus peticiones. www.aepg.es
MEDIDAS DE SEGURIDAD
Los datos que nos facilite se tratarán de forma confidencial. El responsable del tratamiento ha adoptado todas las medidas técnicas y organizativas y todos los niveles de protección necesarios para garantizar la seguridad en el tratamiento de los datos y evitar su alteración, pérdida, robo, tratamiento o acceso no autorizado, de acuerdo con el estado de la tecnología y naturaleza de los datos almacenados.
Asimismo, se garantiza también que el tratamiento y registro en ficheros, programas, sistemas o equipos, locales y centros cumplen con los requisitos y condiciones de integridad y seguridad establecidas en la normativa vigente.
.
CÓDIGO DE CONDUCTA DE NUESTRO ESTABLECIMIENTO Principios generales.
Nos comprometemos a que los contenidos de sus servicios:
• No inducirán ni deben promover la discriminación sexual, racial o religiosa o cualquier otra vulneración de los derechos fundamentales y de las libertades públicas reconocidas por la Constitución Española o normativa UE.
• No inducirán ni incitar a actuar de forma ilegal.
• No llevarán a conclusiones erróneas a consecuencia de su inexactitud, ambigüedad,
exageración, omisión o similares.
• No deben inducir a un estado inaceptable de ansiedad o temor, o aprovechar o explotar el
estado de necesidad económica, laboral o personal del usuario.
• No inducirán ni incitar a cualquier persona a involucrarse en prácticas peligrosas de riesgo o
que atenten contra la salud o el equilibrio psíquico.
• No infringirán las normas legales o reglamentarias sobre el secreto de las comunicaciones,
propiedad intelectual, derecho al honor ya la intimidad personal o familiar, o cualquier otra
disposición aplicable a la naturaleza del servicio.
• No contener información falsa.
• Los servicios que incorporen solicitud de información o datos de carácter personal, incluyendo
nombre, domicilio u otros datos, teniendo esta consideración el número de teléfono fijo o móvil, deben ser adecuados, pertinentes y no excesivos en relación con la finalidad para la que se recauden.
Los usuarios tienen derecho a:
• Recibir información objetiva, previa, exacta y completa sobre las condiciones de prestación de los productos que se les ofrecen.
• Recibir los productos en las condiciones ofrecidas o pactadas con la empresa o la persona prestadora.
• Obtener los documentos acreditativos de los términos de la contratación y las facturas por los productos abonados, emitidas de acuerdo con la normativa vigente.
• Formular las reclamaciones que consideren pertinentes y obtener sin dilaciones la hoja oficial para plantearlas y la orientación adecuada para rellenar.
• Solicitar y obtener las actuaciones de los órganos arbitrales reguladas por la legislación aplicable.
• Solicitar y recibir el auxilio de las administraciones, cuando sea necesario para la defensa de sus derechos como usuarios, con independencia de su origen y de su destino y sin perjuicio de las competencias de otros órganos y autoridades.
• e) Solicitar y recibir una información de calidad en relación con los productos y método de envío y pago.
PRIVACY AND DATA PROTECTION POLICY
The website www.martiapi.com (hereinafter, the "Website") is the property of MARTIAPI S.L. hereinafter the Data Controller.
RESPONSIBLE FOR THE TREATMENT: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA info@martiapi.com - 972773508
MARTIAPI S.L. welcomes you and invites you to read carefully the Privacy and Data Protection Policy which describes the terms and conditions that will be applicable in accordance with the provisions of the applicable Spanish regulations. Given that www.martiapi.com may modify this Privacy and Data Protection Policy in the future, we recommend that you visit it periodically in order to be duly informed of any changes made.
In order to ensure that the Website complies with the criteria of transparency, clarity and simplicity, we recommend that Users should contact www.martiapi.com with any suggestions, doubts or queries regarding the General Conditions of Use by calling +0034 972773508 or sending an e-mail to info@martiapi.com.
PROCESSING PRINCIPLES Your personal data will be processed:
- In a lawful, fair and transparent manner in relation to the data subject.
- Collected for specified, explicit and legitimate purposes, and will not be further processed in a way incompatible with these purposes; for archiving purposes in the public interest, scientific and historical research purposes or even statistical purposes is not considered incompatible with the initial purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and up to date; they shall take all reasonable steps to ensure that personal data which are inaccurate in relation to the purposes for which they are processed are erased or rectified without delay.
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be retained for longer periods provided that they are processed exclusively for archiving purposes in the public interest, scientific or historical research purposes or even statistical purposes.
- Processed in such a way as to ensure appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by implementing appropriate technical or organisational measures.
LANGUAGE: The language applicable to this privacy policy is Spanish. Therefore, in the event of any contradiction in any of the versions provided in other languages, the Spanish version shall prevail. As far as the interpretation of contracts is concerned, Articles 1281 et seq. of the Spanish Civil Code shall be specifically observed.
PURPOSE:
- To manage the sale of products and services compatible with our corporate purpose, relating to the rental and sale of real estate, for tourist use and for use as a permanent residence.
- To attend to your requests, invoice these services or purchases, manage cancellations and refunds within the legal deadlines set out in Law 34/2002, of 11 July, on information society services and electronic commerce, Royal Legislative Decree 1 / 2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- To send advertising and promotions related to our corporate purpose and its areas of interest, by any means, whether by post, telematic, or through fixed or mobile telephony. As well as inviting them to events organised by the company both in person and online.
REGULATORY COMPLIANCE:
We reserve the right to store and retain information provided by you, including the services used, information including account information and personal data to comply with applicable laws, where necessary to provide evidence in arbitration or court, keeping it locked and pseudonymised, to ensure its security, secrecy and confidentiality.
CONSENT:
We will not process data without explicit consent for each of the purposes, only when:
- Where it is necessary for the performance of a contract to which the data subject is a party or for the implementation at the request of the data subject of pre-contractual measures.
- Where it is necessary for compliance with a legal obligation applicable to the controller.
- Where processing is necessary for the protection of vital interests of the data subject or of another natural person;
- where it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
To this end, we will ensure that appropriate safeguards, which may include encryption or pseudonymisation, are in place to protect the identity of the user.
LEGITIMACY:
Consent, contractual relationship and legitimate interest.
LEGAL BASIS:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data shall under no circumstances transfer your personal data, Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights, Law 34/2002 of 11 July on information society services and electronic commerce. Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
RECIPIENTS:
We assign data to third parties such as operators who manage the website and who maintain our computer application that allows us the ordinary management of our services, essential for the management of our activity. We may send your data, only if you authorise it, to VCB L'ESCALA S.L. B02635639 AVENIDA MONTGO, 14 17130 L'ESCALA, partnner.
DURATION:
The data provided will be kept for a period of 5 years from the last contracting; if not, unless you have not previously requested the blocking or deletion of the same; or, as prescribed by tax legislation. Fiscal data will be kept for 5 years by legal prescription.
QUALITY OF THE DATA:
All data requested through the website are obligatory, as they are necessary for the provision of an optimal service to the user. In the event that all the data is not provided, the provider does not guarantee the provision of the services requested.
The user will be solely responsible for the accuracy and updating of the data provided through the various forms on the website.
PROFILING
We will not automatically process your personal data.
ADDITIONAL INFORMATION:
You may at any time request additional information about your personal data ("second layer"), at the same address we provide you with in order to exercise your rights.
MINORS:
Our services are not aimed at minors or persons who are incapacitated when contracting. We understand that they have the authorisation and consent of their parents, guardians or legal representatives. It will be under their responsibility, the use of these either by negligence or by invigilating fault, which could cause a non-contractual liability.
DIGITAL WILL:
Persons linked to the death for family or de facto reasons, as well as their heirs, may contact the data controller in order to access this content and give the instructions they deem appropriate regarding its use, destination or deletion.
The aforementioned persons may not access the contents of the deceased, nor request their modification or deletion, when the deceased person has expressly forbidden it or when so established by law.
INTERNATIONAL DATA TRANSFERS
International transfers of personal data are not foreseen.
RIGHTS:
You may exercise your rights of access, rectification, deletion and/or opposition, as well as the right of purpose limitation and portability. You can contact us at our postal address: or to our postal address by writing to the person in charge of our company's archives. In order to do so, it is necessary to provide personal data and supporting documents together with your request.
To do so, it is necessary that you yourself, or by means of a legally authorised person, provide the following documents:
- Photocopy of ID card
- Identification and sufficient representation.
- Explanation and purpose of the claim.
- Address for sending communications, or e-mail, so that we can contact you as soon as possible.
COMPLEMENTARY INFORMATION:
You have the right to obtain confirmation on how our company is processing your personal data. Therefore, you have the right to access your personal data, inaccurate data or request their deletion when the data are no longer necessary for the purposes for which they were collected at any time, easily and free of charge.
You can also UNSUBSCRIBE from receiving promotional messages, in compliance with the LSSICE 34/2002. To do so, it is necessary to provide the following data:
- Name of the company and details of its representative.
- Postal and e-mail address where you wish to receive communications. - Clear request, which does not need to be motivated.
RIGHTS
- Right of access: this right allows the data subject to know and obtain information about his or her personal data subject to
personal data subject to processing.
- Right of rectification or erasure: to correct errors and modify them if they are inaccurate or incomplete.
- Right of erasure: to allow the deletion of data that are inadequate or excessive.
- Right to object: the data subject's right not to have his or her personal data processed or to have it cease to be processed.
personal data or the cessation of processing.
- Limitations on processing: this entails the right to limit the processing of personal data held, in order to limit future processing.
- Data portability: The duty on the part of the data controller to provide the data subject's processed data, and to transmit it to another data controller provided that it is in automated format.
- Right not to be subject to automated individual decisions (including profiling): the right not to be subject to decisions based exclusively on automated processing that may violate fundamental rights of the data subject.
- Right to withdraw consent: As a user, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out prior to the withdrawal of this consent.
- You can always contact the supervisory authority, in this case the Spanish Data Protection Agency, if you believe that your requests have not been met. www.aepg.es
SECURITY MEASURES
The data you provide will be treated confidentially. The data controller has adopted all the technical and organisational measures and all the necessary levels of protection to guarantee security in the processing of data and to avoid its alteration, loss, theft, unauthorised processing or access, in accordance with the state of technology and the nature of the data stored.
Likewise, it is also guaranteed that the processing and recording in files, programmes, systems or equipment, premises and centres comply with the requirements and conditions of integrity and security established in the regulations in force.
CODE OF CONDUCT OF OUR ESTABLISHMENT General principles.
We are committed to ensuring that the contents of our services:
- Will not induce or promote sexual, racial or religious discrimination or any other violation of the fundamental rights and public freedoms recognised by the Spanish Constitution or EU regulations.
- They shall not induce or incite to act illegally.
- They shall not lead to erroneous conclusions as a result of inaccuracy, ambiguity, exaggeration, omission or similar,
exaggeration, omission or similar.
- They shall not induce an unacceptable state of anxiety or fear, or exploit or exploit a state of economic, occupational or personal need.
economic, occupational or personal need of the user.
- They shall not induce or incite any person to engage in any unsafe, hazardous or dangerous practices or to
practices that threaten health or mental equilibrium.
- They shall not infringe the legal or regulatory rules on the secrecy of communications,
intellectual property, right to honour and personal or family privacy, or any other provision applicable to the nature of the service.
applicable to the nature of the service.
- Not contain false information.
- The services that incorporate requests for information or personal data, including
name, address or other data, including landline or mobile telephone numbers, must be adequate, relevant and not excessive in relation to the purpose for which they are collected.
Users have the right to:
- Receive objective, prior, accurate and complete information on the conditions of provision of the products offered to them.
- Receive the products under the conditions offered or agreed with the company or the person providing the service.
- Obtain the documents accrediting the terms of the contract and the invoices for the products paid for, issued in accordance with the regulations in force.
- Formulate the complaints they consider pertinent and obtain without delay the official form to make them and the appropriate guidance for filling them in.
- Request and obtain the actions of the arbitration bodies regulated by the applicable legislation.
- Request and receive assistance from the administrations, when necessary for the defence of their rights as users, regardless of their origin and destination and without prejudice to the competencies of other bodies and authorities.
- e) Request and receive quality information regarding products and methods of delivery and payment.
COOKIE POLICY
The Website www.martiapi.com (hereinafter, the "Website") is the property of MARTIAPI S.L. hereinafter the Data Controller.
RESPONSIBLE FOR THE TREATMENT: MARTIAPI S.L. B17559386 AVINGUDA MONTGÓ, 16 17130 L'ESCALA info@martiapi.com - 972773508
MARTIAPI S.L. welcomes you and invites you to read carefully the Privacy and Data Protection Policy which describes the terms and conditions that will be applicable in accordance with the provisions of the applicable Spanish regulations. Given that www.martiapi.com may modify this COOKIES Policy in the future, we recommend that you visit it periodically in order to be duly informed of the changes made.
In order to ensure that the Website complies with the criteria of transparency, clarity and simplicity, we recommend that the User can resolve any suggestions, doubts or queries regarding the General Conditions of Use by contacting www.martiapi.com by calling +0034 972773508 or sending an e-mail to: info@martiapi.com.
The temporary validity of this Cookies Policy coincides, therefore, with the time of its exposure, until such time as they are modified in whole or in part by MARTIAPI S.L. Therefore, users should review the Cookies Policy published on info@martiapi.com, unless you have configured your browser according to your preferences.
The Cookie Policy is in English and Spanish. The Spanish version is the authentic version.
Types and typology of cookies used on our website:
- First-party analytics cookies: we use these cookies to estimate the number of unique visitors, to improve our websites and our merchants' websites, and to detect the most searched words in search engines that lead to a web page. These cookies are not used to target you with online marketing. We use these cookies to understand how our websites and our merchants' websites are performing and to make relevant improvements to enhance your browsing experience.
- Third-party analytics cookies: We also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with content on our website. These cookies "remember" what our users have done on previous pages and how they have interacted with the website. For more information about Google Analytics, please visit the Google information page. For instructions on how to opt out of Google Analytics, see below.
- Advertising cookies: These are used on our website to personalise marketing to you and your interests and to provide you with a more tailored service in the future. These cookies remember that you visited our website and we may share this information with third parties, such as advertisers. Although these cookies may track your device's visits to our website and other sites, they generally cannot identify you personally. Without these cookies, the ads you see may be less relevant and interesting to you. Read more about how companies use cookies for targeted or retargeted advertising here. We do not set advertising cookies through our merchants' storefronts, although merchants may choose to do so independently.
Non-operational
- Social and content cookies: These are placed on many social media plugins (e.g. the Facebook "like" button) and other tools intended to provide or enhance the content of a website (e.g. services that allow video files to be played, or that create comment sections). We integrate these modules into our platform to enhance the experience of browsing and interacting with our websites. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics and/or market research.
How long will cookies remain on my computer or mobile device?
The length of time a cookie remains on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent cookies and will expire between 30 minutes and two years from the date they are downloaded to your device. Please see the section below on how to control cookies for more information on how to delete cookies before they expire.
How to control cookies?
You can control and manage cookies in a number of ways. Please note that deleting or blocking cookies may adversely affect your user experience and some parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, which are often located in your browser's "Tools" or "Preferences" menu. For more information on how to modify your browser settings or how to block, manage or filter cookies, you can find them in your browser's help file or on sites such as: www.allaboutcookies.org .
Many of the third-party advertising and other tracking services mentioned above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt-out through the privacy policy links above.
What are cookies?
Cookies are used to store and retrieve information about visitors to a website. They are used to keep track of the pages visited, as well as to remember certain user actions such as browsing preferences. These preferences are remembered when a user visits the site again.
What information do they store on the website?
1. Statistical information on the use of the site.
2. Record of activity carried out by the visitor (pages viewed, searches, purchases, etc.).
3. Data connection to social networks for users who access with your Facebook or Twitter user.
What happens if I block their use?
In case of blocking their use, it is possible that some web services may not be available. How can I block cookies in my browser?
The following links provide information on how to block cookies in your browser:
1. Chrome
2. Firefox
3. Safari
4. Internet Explorer
WHAT IS A COOKIE?
A cookie is a harmless text file that is saved in your browser when you visit a website that uses them, almost all of them do. The usefulness of the biscuit is that the website is able to remember your visit when you return to browse this website. Cookies have been used for more than 20 years, when the first browsers for the World Wide Web appeared.
WHAT IS NOT A COOKIE?
It is not a virus, Trojan horse, worm, spam, spyware or pop-up windows.
WHAT INFORMATION CAN A COOKIE STORE?
Cookies do not usually store sensitive information about you, such as credit card or bank details, photographs, your ID or personal information, etc. The data that is stored is of a technical nature, personal preferences, personalisation of content, etc. The web server does not associate you as a person but in your web browser. In fact, if you usually browse with Internet Explorer and try browsing the same website with Firefox or Chrome you will see that the web does not realise that you are the same person it is actually associating the browser, not the person.
WHAT TYPES OF COOKIES ARE THERE?
- Technical cookies: These are the most basic and allow, among other things, to know when a human or an automated application is browsing, when an anonymous user and a registered user are browsing, basic tasks for the operation of any dynamic website.
- Analysis cookies: These collect information on the type of browsing being carried out, the sections most used, products consulted, time of use, language, etc.
- Advertising cookies: These show advertising based on your browsing, your country of origin, language, etc.
WHAT ARE FIRST-PARTY AND THIRD-PARTY COOKIES?
First-party cookies are those generated by the website you are visiting and third-party cookies are those generated by external services or providers such as Facebook, Twitter, Google, etc.
WHAT HAPPENS IF I disable COOKIES?
Because you understand the consequences of disabling cookies, here are some examples:
- You will not be able to share content from this website on Facebook, Twitter or any other social network.
- The website will not be able to adapt the contents to your personal preferences, as is often the case in online shops.
- You will not be able to access the personal area of this website, such as My Account, My Profile or My Orders.
- Online shops: You will not be able to make purchases online, they must be made by telephone or by visiting the physical shop if they have one.
- It will not be possible to customise your geographical preferences such as time zone, currency or language.
- The website will not be able to perform web analytics on visitors and web traffic, this will make it difficult for the website to be competitive.
- You will not be able to write on the blog, upload images, post comments, rate or rate content. The website will not be able to know if you are a human or an automated application that publishes spam.
- You will not be able to display targeted advertising, this will reduce the website's advertising revenue.
- All social networks use cookies, if you disable them, you will not be able to use any social network.
CAN I DELETE COOKIES?
Yes, not only delete them, but also block them, either generally or for a specific domain. To delete cookies from a website you have to go to your browser settings and there you can search for those associated with the domain in question and delete them.
CONFIGURATION OF COOKIES FOR THE MOST POPULAR BROWSERS
Here's how to access a particular cookie in the Chrome browser. Note: these steps may vary depending on the browser and its version:
1. Go to Settings or Preferences via the File menu or by clicking on the customisation icon at the top right.
2. You will see different sections, choose the option Show advanced options. 3. Go to Privacy, Content settings.
4. Select All cookies and location data.
5. You will see a list of all cookies sorted by domain. To make it easier for you to find Cookies for a particular domain, enter part or all of the address in the Search Cookies field.
6. Once you have made this filter, one or more lines with the Cookies of the requested website will appear on the screen. Now all you have to do is select it and press X to delete it.
To access the cookie configuration of the Internet Explorer browser, do the following (this may vary depending on the version of the browser):
1. Go to Tools, Internet Options
2. Click on Privacy.
3. Move the drop-down to set the privacy level you want.
To access your Firefox browser's cookie settings do the following (may vary depending on browser version):
1. Go to Options or Preferences depending on your operating system.
2. Click on Privacy.
3. Under History choose Use custom settings for history.
4. You will now see the Accept cookies option, you can enable or disable it according to your preferences.
To access the cookie settings in the Safari browser for OSX do the following (may vary depending on browser version):
1. Go to Preferences, then Privacy.
2. Here you will see the Block Cookies option for you to adjust the type of blocking you want to do.
To access the cookie settings in the Safari browser for iOS do the following (may vary depending on browser version):
1. Go to Settings, then Safari.
2. Go to Privacy and Security, you will see the option Block Cookies so you can adjust the type of blocking you want to do.
To access the browser cookie settings for Android devices do the following (may vary depending on browser version):
1. Launch the browser and press the Menu key, then Settings.
2. Go to Privacy, you will see the Accept cookies option for you to check or uncheck the box.
To access the browser cookie settings for Windows Phone devices do the following (may vary depending on browser version):
1. Open Internet Explorer, then More, then Settings
2. You can now check or uncheck the allow cookies box.
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