PRIVACY POLICY AND LEGAL NOTICE

This Legal Notice and Privacy Policy is intended to inform about the conditions of use of this website, as well as the treatment we make of the personal data of users and customers who visit our website in accordance with the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (“LOPD”), as well as 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 the free movement of such data.

1. General information

Responsible for processing

Holder: Semper Company Tea & More S.L.
Trade name: Semper Tea
C.I.F.: B-90320193
Registered office: P La Red Norte C/ 6 Parc 54 N 20, C.P. 41500 Alcalá de Guadaíra, Sevilla, Spain.
E-mail: info(@)semper-tea.com
Phone number: (+34) 619 809 115
Registration data: Inscrita en el Registro Mercantil de Sevilla, Tomo 6370, Folio 78, Sección 8ª.
Social Media: Facebook | Twitter | Instagram | Pinterest | Youtube | Linkedin | Google+

2. Origin, recipients and exclusion of processing of personal data

Theorigin of the personal data that we may process for the provision of services is presumed at all times to have been provided by the user who visits the website (hereinafter “the user”) through the different means provided, which may include identifying data such as name, e-mail address, etc., which the user may have provided. The user is solely responsible for the accuracy and updating of their data.

The recipients of the personal data we process are the professionals who have an employment relationship with us.

We expressly exclude the processing of personal data of minors, unless expressly authorised by their parents or legal guardians.

3. Purpose of processing

In compliance with current legislation and its implementing regulations, we inform you that the personal data and information you provide when filling in any electronic form available on our website (hereinafter “the Portal”), will be included in a personal data file owned by the responsible party.

The purpose of the data processing is to process your request. The questions included in each available contact form are of a voluntary nature, except those mentioned as mandatory. In case of failure to answer the mandatory questions, we reserve the right not to process incomplete applications.

Specifically, the purpose of our processing of your data is as follows:

  • 1.- Consultations, complaints, requests and the exercise of rights of users visiting the Portal.
  • 2.- Provision of services.
  • 3.- Carry out the corresponding transactions and/or collections;
  • 4.- Sending commercial offers;
  • 5.- To contact the user when necessary in relation to the services provided, in order to resolve any incident with the same;
  • 6.- Prevention of computer attacks on the website. We monitor and control the use of the Portal to prevent and detect fraudulent use of the Portal, unauthorised access, alteration or loss of information that may generate civil, criminal and/or administrative liabilities for us.
  • 7.- Management of cookies of the Portal: the uses, purposes and management are merely statistical, for the proper functioning and visualisation of the website.

4. Legitimation for data processing

Legitimation for the processing comes from:

  • The user himself/herself who has provided his/her personal data.
  • For legal obligations.

5. Data retention period

We will retain your data for the time necessary for the attention of the request requested by users, or for the provision of services.

However, by law, if any of the user’s personal data is related to any of the following obligations, it will be kept for the period of time stipulated in the respective legislation for this purpose:

  • 3 years: Offences in labour matters. (Art. 4.1 RDL 5/2000)
  • 4 years: Social Security offences. (Art. 4.2 RDL 5/2000)
  • 4 years: Public Prosecutor. Settling or enforcing payment of tax debts. (Art. 66 Ley 58/2003)
  • 5 years: Infringements in the field of Occupational Risk Prevention. (Art. 4.3 RDL 5/2000)
  • 6 years: Accounting and commercial. 30 Commercial Code
  • 10 years: Public Prosecutor. Verification of bases or quotas offset or to be offset or deductions applied or to be applied. (Art. 66 bis Ley 58/2003)
  • 10 years: Offences against the Public Treasury and Social Security. ( 131 LO 10/1995)

6. Communications or transfers of data to third parties

We will not transfer data to third parties, unless expressly required to do so by public bodies in accordance with the legislation in force.

Any transfer to third parties of the personal data of the users of this Portal will be duly communicated to those affected, specifying the identity of the transferees and the purpose for which the data to be transferred will be processed.

7. Data origin and user consent

The users’ data come from the forms provided on the Portal which, once they have been filled in and the data processing consent boxes have been accepted, are sent to our e-mail server in compliance with security protocols.

8. Users’ rights

Current data protection legislation allows users to exercise their rights of access, rectification, opposition, erasure (“right to be forgotten”), limitation of processing, portability and not to be subject to individualised decisions in the following terms:

  • It is free of charge.
  • If the requests are manifestly unfounded or excessive, we may refuse to act or impose a fee for the service.
  • Applications will be responded to within one month, although, taking into account the complexity and number of applications, the deadline may be extended for a further two months.
  • The means of exercising these rights are accessible and this right is not denied, even if they are exercised by other means.
  • If the request is made by electronic means, the information shall be provided by electronic means where possible, unless the user requests otherwise.
  • If we do not comply with your request, we will inform you, at the latest within one month, of the reasons for our failure to act and of the possibility to complain to a supervisory authority.
  • The user may exercise his rights directly or through his legal representative or volunteer.
  • By virtue of contracts or legal acts binding the Data Subject and a third party processor, the latter may be the one to process your request.

9. Exercise of users’ rights

Users may at any time exercise their rights of access, rectification, opposition, deletion, limitation of processing, portability, by sending a communication by post or e-mail to the address indicated for this purpose in clause 1 of this Privacy Policy, providing us in both cases with their name, surname, photocopy of their ID card and the right/s they are exercising.

You can obtain more information about the rights you can exercise by clicking on the following link:

https://www.aepd.es/reglamento/derechos/index.html

If you believe that we have failed to comply with any of the above provisions or that any of the rights recognised to the user are impeded, the user may complain to the Spanish Data Protection Agency, by writing to the same at: C/ Jorge Juan, number 6, 28001 – Madrid. Or via the website: www.agpd.es

Legal notice

10. Security measures

We have adopted security measures appropriate to the nature of the data being processed at any given time. However, technical security in a medium such as the Internet is not impregnable and there may be malicious actions by third parties, although the responsible party makes every effort to prevent such actions.

11. Legal information, conditions of access and use of this website

This section includes information on the conditions of access and use of this website, of which the user must be aware.

Las presentes These provisions regulate the use of the Internet portal service (hereinafter referred to as the ‘Portal’) which we make available to Internet users.

Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services may be exclusive to our users and access to them will be restricted.

The use of the Portal confers the condition of user of the Portal (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the user is connected to the Portal or to any of the services provided through it. Therefore, the user must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.

Some Portal services accessible to Internet users in general, or exclusive to certain users, may be subject to special conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the user before the corresponding service is provided.

12. Intellectual and industrial property

All the contents of the Portal, understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of the party responsible for the processing or of third parties, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been transferred to the user, except those that are strictly necessary for the use of the Portal.

The trademarks, trade names or distinctive signs are owned by the Holder or third parties, and access to the Portal may not be construed as attributing any right over the aforementioned trademarks, trade names and/or distinctive signs.

13. Terms and conditions of use of the portal

13.1 General

The user undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The user shall be liable to the Owner or third parties for any damages that may be caused as a result of a breach of this obligation.

It is expressly forbidden to use the Portal for purposes harmful to property or our interests, or those of third parties, or that in any other way overload, damage or render useless our networks, servers and other computer equipment (hardware) or computer products and applications (software) of the Owner or of third parties.

13.2 Contents

The user undertakes to use the Contents in accordance with current legislation and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 12. By way of example, in accordance with current legislation, the user must abstain from:

  • 1.- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by the Owner or by whoever holds the ownership of the exploitation rights, as the case may be.
  • 2.- Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the user or a third party.
  • 3.- Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that the Owner makes available to users.

13.3 Data collection forms

Without prejudice to the provisions of this Privacy Policy and Legal Notice, the use of certain services or requests addressed to the Holder may be conditional upon the prior completion of the corresponding user registration.

All information provided by the user through the forms on the Portal for the above purposes or any other must be truthful. For these purposes, the user guarantees the authenticity of all data provided and will keep the information provided to the Owner perfectly updated so that it corresponds, at all times, to the real situation of the user. In any case, the user shall be solely responsible for any false or inaccurate statements made and for any damages caused to the Holder or third parties for the information provided.

13.4 Use of links to the portal and its pages

Internet users who wish to introduce links from their own web pages or social networks to the Portal or its indexed pages, must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:

  • 1.- The link will only link to the home page of the Portal, but may not reproduce it in any way.
  • 2.- It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the Registrant’s brand and prestige; or (IV) otherwise prohibited by applicable law.
  • 3.- No false, inaccurate or incorrect statement shall be made from the page that introduces the link about the Holder, its partners, employees, users or about the quality of the services it provides.
  • 4.- Under no circumstances shall it be stated on the page where the link is located that the Holder has given its consent for the inclusion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
  • 5.- The use of any word, graphic or mixed brand or any other distinctive sign of the Holder within the sender’s page is prohibited except in cases permitted by law or expressly authorised by the Holder and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
  • 6.- The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own content or that of third parties that: (I) are unlawful, harmful or contrary to morality and decency (pornographic, violent, racist, etc.); (II) induce or could induce in the user the false conception that the Holder subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of the Holder in view of the place, content and subject matter of the sender’s website.
  • 7.- Those links that are used from the section Blog of the Holder, if any, either through own websites, blogs, social networks or similar, may not be accompanied by offensive or discrediting expressions towards the author of the article.

14. Exclusion of liability

14.1 From the information

Only information provided on the Portal shall be considered official.

The information appearing on the Social Networks owned by the Owner, if any (Facebook, Twitter, Google+, Pinterest, Linkedin, Youtube and similar) will only be informative, non-binding and any incomplete or different information from that contained in the Portal will not prevail over it.

Access to the aforementioned Social Networks does not imply any obligation on the part of the Owner to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the same.

The Owner is not responsible for the decisions taken based on the information provided on the Portal or Social Networks of its ownership, nor for the damages caused to the user or third parties as a result of actions that are based solely on the information obtained on the Portal.

14.2 Quality of service

Access to the Portal does not imply any obligation on the part of the Owner to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.

The Owner is not responsible for any damage caused to the computer equipment of users or third parties during the provision of the Portal service.

14.3 On the availability of the service

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to the Owner. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.

The Owner shall not be liable for damages of any kind caused to the user as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during the provision of the same or beforehand.

14.4 Content and services linked to through the portal

In the event that the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’), the Owner shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the user considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify the Owner by post or e-mail to the address indicated for this purpose in clause 1 of these Privacy Policies and Legal Notice, without in any case this communication entails the obligation to remove the corresponding link.

Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of the Owner with the statements, content or services provided.

The Proprietor has no knowledge of the contents and services of the Linked Sites and therefore shall not be liable for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to the Proprietor.

15. Reporting of activities of an illegal and inappropriate nature

In the event that the user or any other Internet user becomes aware that there are linked sites that refer to pages of the Holder whose contents or services are illegal, harmful, denigrating, violent or contrary to morality, he/she may contact the Holder indicating the following points:

  • 1.- Personal details of the caller: name, address, telephone number and e-mail address;
  • 2.- Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
  • 3.- In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when this is a person other than the communicating party. It must also provide proof of the right-holder’s entitlement and, where applicable, of representation to act on behalf of the right-holder when this is a person other than the communicating party;
  • 4.- Express declaration that the information contained in the claim is accurate.

Likewise, he/she must provide the title accrediting the legitimacy of the holder of the rights and, where applicable, that of representation to act on behalf of the holder when he/she is a person other than the communicating party; Express declaration that the information contained in the claim is accurate.

The receipt by the Holder of the communication provided for in this clause does not imply effective knowledge of the activities and/or contents indicated by the communicating party.

16. Update of the Privacy Policy and Legal Notice

The Owner reserves the right to update this Privacy Policy and Legal Notice at any time, as well as to comply with possible legislative changes.

Whenever the policy is changed in a significant way, the Registrant will make all reasonable efforts to inform affected users. In any case, when their consent is required under current legislation, the corresponding protocols for their collection will be set up.

17. Technological failures

The Proprietor has foreseen all eventualities for the continuity of its Site and will make its best efforts to ensure that it does not suffer interruptions, but cannot guarantee the absence of technological failures, nor the permanent availability of the Site and the services contained therein and, consequently, assumes no liability for any damages that may be generated by the lack of availability and access failures caused by disconnections, breakdowns, overloads or network failures not attributable to the Proprietor.

18. Applicable law and jurisdiction

The applicable law in the event of any dispute or conflict of interpretation of the terms that make up this Privacy Policy and Legal Notice, as well as any question related to the services of this Site, shall be Spanish law. For the resolution of any conflict that may arise from visiting the Site or from the use of the services that may be offered therein, the Owner and the user agree to submit to the jurisdiction of the Courts and Tribunals of the City of the Owner, without prejudice to the application of a different jurisdiction by law, in which case the content of the latter shall apply.