Legal Notice

Avis légal

Legal Notice

In compliance with the provisions of article 10 of law 34/2002, of July 11, services of the information society and electronic commerce, it is reported that www.aeridemontserrat.com is a domain of Funicular Aeri de Montserrat, SA

The company tax and identification data are as follows:

FUNICULAR AERI DE MONTSERRAT, S.A.
NIF: A08019945
Address: Edifici de l’Aeri s / n
08199 MONTSERRAT
Tel. 93 835 00 05
E-mail: info@aeridemontserrat.com

User and regime of responsibilities
Browsing, accessing and using the website of FUNICULAR AERI DE MONTSERRAT SA confers user status.
The website of FUNICULAR AERI DE MONTSERRAT SA provides a wide variety of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility will extend to:
– The veracity and legality of the information provided by the user in the forms extended by FUNICULAR AERI DE MONTSERRAT SA for access to certain contents or services offered by the website.

– The use of the information, services and data offered by FUNICULAR AERI DE MONTSERRAT SA contrary to the provisions of these conditions, the Law, morals, good customs or public order, or that in any other way may cause injury to the rights of third parties or the same functioning of the website.

Links policy and disclaimers
FUNICULAR AERI DE MONTSERRAT SA is not responsible for the content of the websites to which the user can access through the links established on its website, as long as it does not have actual knowledge that the activity or the information to which it refers or recommends that it is illegal or that it damages the goods or rights of a third party susceptible to compensation, or, in case of having it, act diligently to delete or disable the corresponding link.

It will be understood that FUNICULAR AERI DE MONTSERRAT SA has the effective knowledge referred to in the previous paragraph when a competent body has declared the illegality of the data, ordered their withdrawal or that access to them is impossible, or had declared the existence of the injury, and FUNICULAR AERI DE MONTSERRAT SA knows the corresponding resolution, without prejudice to the procedures for detection and removal of contents that FUNICULAR AERI DE MONTSERRAT SA applies by virtue of voluntary agreements and other means of effective knowledge that could be established.

FUNICULAR AERI DE MONTSERRAT SA declares to have adopted all the necessary measures to avoid any damage to the users of its website, which could arise from browsing its website. Consequently, FUNICULAR AERI DE MONTSERRAT SA is not responsible, in any case, for any damages that the user may suffer from surfing the Internet. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites other than its property that can be accessed through the links.

Modifications
FUNICULAR AERI DE MONTSERRAT SA reserves the right to make the modifications it deems appropriate, without prior notice, in the content of its website. Both in relation to the contents of the website, as well as in the conditions of use of the same, or in the general conditions of contracting. The changes referred to in this section will not affect contracts made prior to the date of their publication.

Said modifications may be made through its website in any legally admissible form and will be binding during the time they are published on the website and until they are not validly modified by other later ones.

Indication of prices
If prices of products and/or services are shown, those indicated on the screen will be those in force at any given time. Prices will be indicated in euros and will include Value Added Tax (VAT). In the event that VAT is not included in the price, it will be expressly indicated and the user will be allowed to view the complete final price.

Likewise, if any other tax were applicable, this would be indicated, including, where applicable, the amount of the increases or discounts that apply to the offer and the additional costs that may affect the consumer or user.

Intellectual and industrial property
FUNICULAR AERI DE MONTSERRAT SA, by itself or as an assignee, owns all the intellectual and industrial property rights of its website, as well as the elements contained therein (for example, images, sound, audio, video, software or texts; brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by FUNICULAR AERI DE MONTSERRAT SA. They will, therefore, be works protected as intellectual property by the Spanish legal system, being applicable to both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, reproduction, distribution and public communication, including its modality, are expressly prohibited including its mode of making available, all or part of the contents of this web page, for commercial purposes, in any medium and by any technical means, without the authorization of FUNICULAR AERI DE MONTSERRAT SA.

The user undertakes to respect the rights of Intellectual and Industrial Property owned by FUNICULAR AERI DE MONTSERRAT SA. You will be able to view the elements of the portal and even print, copy and store them on your computer’s hard drive or on any other physical medium at any time, solely and exclusively, for your personal and private use. The user must refrain from deleting, altering, circumventing or manipulating any protection device or security system that was installed on the pages of FUNICULAR AERI DE MONTSERRAT SA.

SSL certificate (secure sockets layer)
The SSL CERTIFICATE provides authentication, privacy and security of information between FUNICULAR AERI DE MONTSERRAT SA and the user.

FUNICULAR AERI DE MONTSERRAT SA has a security certificate that is used by CERTIFICADO SSL to make secure connections.

In this process several parameters are established to make the connection securely and it is established using preset keys, encoding and decoding all the data sent until the connection is closed.

Legal actions, applicable legislation and jurisdiction
If the user wishes to submit a claim, he must contact via email INFO@AERIDEMONTSERRAT.COM. Likewise, FUNICULAR AERI DE MONTSERRAT SA has official complaint forms available to consumers and users.

FUNICULAR AERI DE MONTSERRAT SA reserves the right to file the civil or criminal actions it deems appropriate for improper use of its website and contents, or for breach of these conditions.

The relationship between the user and the provider will be governed by the regulations in force and applicable in the Spanish territory. If any controversy arises, the parties may submit their conflicts to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard.
FUNICULAR AERI DE MONTSERRAT SA has its domicile in BARCELONA, Spain.

Contracts concluded electronically in which a consumer participates as a party, will be presumed to have been concluded in the place where he has his habitual residence.

Electronic contracts between entrepreneurs or professionals, in the absence of an agreement between the parties, will be presumed to have been concluded in the place where the service provider is established.
Resolution of online disputes in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission facilitates an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/

Code of conduct for users in comments

The User must comply with all applicable laws and use the spaces available on the website to leave comments correctly and respect the code of conduct established in this section, as well as take into account the liability regime that may arise from the incorrect or illegal use of these spaces.

FUNICULAR AERI DE MONTSERRAT SA informs of the conduct that it does not consider appropriate and of the power it has to act accordingly on the following uses, actions, omissions or statements that the member makes, by virtue of the relationship that unites him as a user:
– Act dishonestly or unprofessionally.
– Publish inappropriate or inaccurate content.
– Harass, abuse, threaten or harm another person or user.
– Use or publish through images, videos or any comment on the profile that may hurt the sensitivity of the User, as well as that may discriminate by any condition, race, ethnic group, nationality, religion, sex, sexual orientation, disability or disease, or that are illegal, abusive, abusive, obscene, discriminatory or for other reasons considered reprehensible.
– Use another person’s account or create a false identity.
– Make false statements that impersonate.
– Include content that contains computer viruses or others that can eliminate, interrupt or hinder correct navigation.
– Sell, sponsor or obtain economic benefit through the website without the authorization of FUNICULAR AERI DE MONTSERRAT SA or if another method provided by FUNICULAR AERI DE MONTSERRAT SA has been established for the management of an exclusive service.
– Share information of people who are not Users without their express consent.
– Create fake profiles in the application, if it is detected that there are fake profiles they will be deleted immediately.

– Promote racism, xenophobia or bigotry of any kind against any group or individual.
– Imitate or impersonate any person or entity.
– Soliciting money from other users.
– Send videos, audios or photographs with images of another person without their authorisation (or in the case of a minor, without the authorisation of their parents or legal guardians).

Privacity Policy

FUNICULAR AERI DE MONTSERRAT SA must ensure that the personal data of the interested party are treated in accordance with the principles relating to processing:
– Treated in a lawful, loyal and transparent manner in relation to the interested party (“legality, loyalty and transparency”).
– Collected for specific, explicit and legitimate purposes, and cannot be treated in a manner incompatible with said purposes (“purpose limitation”).
– Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”).
– Accurate and, if necessary, updated, adopting reasonable technical and organizational measures to delete or rectify them when they are inaccurate with respect to the purposes for which they are processed (“accuracy”).
– Kept in a way that allows identification for no longer than necessary for the purposes of the processing (“retention period limitation”).
– Treated in such a way as to ensure adequate security through the application of appropriate technical or organizational measures (“integrity and confidentiality”).

Thus, FUNICULAR AERI DE MONTSERRAT SA will be responsible for compliance with the above provisions and must be able to prove it subsequently (“proactive responsibility”).
Likewise, the processing carried out by the entity will only be legal if it meets at least one of the following conditions (“legality of the processing”):
– the interested party gave his/her consent to the processing of his/her personal data for one or more specific purposes;
– the processing is necessary for the execution of a contract to which the interested party is a party or for the application at the request of the interested party of pre-contractual measures;
– the processing is necessary for compliance with a legal obligation applicable to the controller;
– the processing is necessary to protect the vital interests of the data subject or of another natural person;
– the processing is necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the controller;
– the processing is necessary for the satisfaction of 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 interested party that require the protection of personal data, in particular when the interested party is a child.

Said legitimate basis will not apply to the processing carried out by public authorities in the exercise of their functions. When the treatment is based on the consent of the interested party, the person responsible must be able to demonstrate that he/she consented to the processing of his/her personal data.
If the consent of the data subject is given in the context of a written statement that also refers to other matters, the request for consent shall be presented in such a way that it is clearly distinguished from the other matters, in an intelligible and easily accessible form and using a clear and simple language.
The interested party will have the right to withdraw consent at any time. The withdrawal of consent will not affect the legality of the treatment based on the consent prior to its withdrawal.
Before giving consent, the interested party will be informed of this. It will be as easy to withdraw consent as it is to give it.
Likewise, only personal data that reveal ethnic or racial origin, political opinions, religious or philosophical convictions, or union membership and the processing of genetic data, biometric data aimed at uniquely identifying a natural person, relative data may be processed. to the health or data relating to the sexual life or sexual orientation of a natural person in the cases provided for in article 9 of the RGPD.
The processing of personal data relating to criminal convictions and offenses or related security measures may only be carried out under the supervision of public authorities or when authorized by European Union or Member State law that establishes appropriate guarantees for the rights and freedoms of the interested parties.
FUNICULAR AERI DE MONTSERRAT SA must include in the forms used to collect personal data, the information to comply with the duty to inform contained in articles 13 and 14 of the General Data Protection Regulation (hereinafter RGPD).
In this sense, and in order to adapt to the applicable and current regulations on data protection, when FUNICULAR AERI DE MONTSERRAT SA obtains personal data directly from an interested party, it will have to:

1. Provide the identity and contact details of the Data Controller and, where applicable, of its representative, the contact details of the Data Protection Officer, if applicable, and the purposes of the processing for which the personal data are intended as well. as, the legal basis of the treatment.
2. Specify the legitimate interests of the controller or a third party when the processing is necessary for the satisfaction of those interests. Provided that the interests or fundamental rights and freedoms of the interested party do not prevail over them.
3. Provide the recipients or categories of recipients of the personal data and, where applicable, the intention of the controller to transfer personal data to a third country or international organization and the existence or absence of an adequacy decision by the Commission.
4. Indicate the period for which the personal data will be retained or the criteria used to determine the retention period.
5. Inform of the existence of the right to request from the Data Controller access to personal data relating to the interested party, its rectification or deletion (“right to be forgotten”), the limitation of its processing or the right to oppose the processing, as well as as well as the portability of your data.
6. Inform about the possibility of withdrawing consent at any time, without affecting the legality of the treatment based on consent prior to its withdrawal. As well as, inform you of the possibility of filing a claim with a Control Authority.
7. Specify whether the communication of personal data is a legal or contractual requirement, or a necessary requirement to enter into a contract and whether the interested party is obliged to provide the personal data and inform of the possible consequences of not providing such data.
8. Inform about the existence of automated decisions, including profiling and, at least in such cases, inform about the logic applied, as well as the importance and envisaged consequences of such processing for the data subject.

When FUNICULAR AERI DE MONTSERRAT SA does not obtain the personal data of the interested party, it will have to provide the information described in the previous section. As well as, the categories of personal data processed, the source from which they come and, where applicable, whether they come from publicly accessible sources.
If FUNICULAR AERI DE MONTSERRAT SA obtains personal data directly from the interested party, the information must be made available to them at the time the data is requested, prior to collection or registration. In the event that the data is not obtained from the interested party, because it comes from a legitimate transfer, or from publicly accessible sources, FUNICULAR AERI DE MONTSERRAT SA will inform the interested parties within a reasonable period of time, but, in any case, before one month from when the personal data was obtained, in the first communication with the interested party or before the data, where applicable, has been communicated to other recipients.
When FUNICULAR AERI DE MONTSERRAT SA plans the subsequent processing of personal data for a purpose other than that for which they were obtained, it will provide the interested party, before said subsequent processing, with information on that other purpose and any other relevant information.

Data protection

In accordance with current and applicable regulations on the protection of personal data, we inform you that your data will be incorporated into the processing system owned by FUNICULAR AERI DE MONTSERRAT SA with NIF A08019945 and registered office at CTRA C 55 KM 11,5 TELEFÉRICO MONTSERRAT,08691 MONISTROL DE MONTSERRAT (BARCELONA).

Below, we indicate the most notable aspects of the treatments performed:

User registration

Purpose: Collection, registration and processing of data to be able to register as a user.

Conservation period: as long as the consent given is maintained, except legal obligation.

Legitimate basis: The consent of the interested party.

Type of Data: Basic data: Name and surname, Telephone, NIF, Postal address, Email address

Commercial actions web form

Purpose: Collection, registration and processing of data for the purposes of serving

your queries and/or requests, as well as advertising and commercial prospecting.

Conservation period: as long as the consent given is maintained,

except legal obligation.

Legitimate basis: The consent of the interested party.

Data Typology:

Basic data: Name and surname, Email address

Newsletter

Purpose: Management of subscription to the newsletter, to make shipments

corresponding.

Conservation period: as long as the consent given is maintained.

Legitimate basis: The consent of the interested party.

Data Typology:

Basic data: Name and surname, Email address

Cookie installation

Purpose: Management and installation of cookies.

Conservation period: as long as the consent given is maintained.

Legitimate basis: The consent of the interested party.

Data Typology:

Basic data: Email address, IP address

Web user management

Purpose: Collection, registration and processing of user data.

Conservation period: as long as the consent given is maintained, except legal obligation.

Legitimate basis: The consent of the interested party.

Data Typology:

Basic data: Name and surname, Email address

Web Form Management

Purpose: Answer your queries and/or requests.

Conservation period: as long as the consent given is maintained.

Legitimate basis: The consent of the interested party.

Data Typology:

Basic data: Name and surname, Email address, IP address

FUNICULAR AERI DE MONTSERRAT SA informs Users that they may exercise the rights of access, rectification, limitation, deletion, portability, opposition to the processing of their personal data and the right not to be subject to automated decisions, including the preparation of profiles, before the Data Controller, as well as the withdrawal of the consent given.

– Right of Access: It is the user’s right to obtain confirmation as to whether their data is being processed and, if so, the specific personal data processed and the legal information of the processing (purposes, legitimizing basis, conservation periods, transfers, origin). of data, etc.).

– Right to Rectification: It is the right of the affected person to have data modified that turns out to be inaccurate or incomplete. In relation to the website, it can only be satisfied in relation to that information that is under the control of the website, for example, eliminating comments published on the page itself, images or web content that contain personal data of the user.

– Right to Limitation of processing: This is the right to limit the processing purposes originally planned by the data controller in certain cases.

– Right of Deletion: It is the right to delete the user’s personal data, except as provided in the RGPD itself (freedom of expression and information, conservation obligations, formulation, exercise or defense of claims, etc.).

– Right to Portability: The right to receive the personal data that the user has provided, in a structured, commonly used and machine-readable format, and to transmit them to another controller when the treatment is based on consent or the execution of a contract. contract and is carried out by automated means.

– Right to Oppose: It is the user’s right to not have their personal data processed or to have their processing stopped by the website when the processing is based on legitimate interest or interest. public or when dealing with direct marketing treatments.

– Right not to be subject to automated decisions, including profiling: When the processing is not necessary for the conclusion or execution of a contract, nor is it authorized by the Law of the European Union or the Member States nor is it based on consent, you have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects or similarly significantly affects you.

– Right to withdraw consent: For any treatment based on your consent, you have the right to withdraw it, at any time and free of charge.

To exercise any of the data protection rights described above, you must follow the following instructions:

– Submission of a letter to the address CTRA C 55 KM 11.5 TELEFÉRICO MONTSERRAT,08691 MONISTROL DE MONTSERRAT(BARCELONA) (attention of FUNICULAR AERI DE MONTSERRAT SA) or by email to INFO@AERIDEMONTSERRAT.COM .

– The letter sent by the owner of the personal data (interested party) requesting the exercise of rights must take into account the following:

You must identify yourself reliably and, in the event that there are doubts about the identity of the applicant, you will be asked to correct the request (e.g. by requesting more information, such as the DNI number, the DNI document, the email address you provided). , etc.)
The request can be made by the representative, legal or voluntary, when he is duly identified and authorized by the owner of the data (through express authorization from the owner to exercise the very personal rights regulated in the regulations on the protection of personal data).
Petition in which the request is specified (Right/s that are intended to be exercised). If you do not refer to a specific treatment, you will be provided with a response in relation to all the treatments that affect your personal data. If you request information about a specific treatment, only the information about it. If you request it by phone, you will be instructed to do so in writing and you will be informed how you can do it and the address to which you must send it. You will never be given information over the phone.
Postal or electronic address for notification purposes.
Documents supporting the request you make, if necessary.

The applicant must use any means that allows proof of sending and receiving the application.

Finally, we inform you that you have the right to file a claim with the Spanish Data Protection Agency in the event that you are aware or consider that an event may constitute a breach of the applicable regulations on data protection.

FUNICULAR AERI DE MONTSERRAT SA undertakes to adopt the necessary technical and organizational measures, according to the level of risks that accompany the treatments carried out by them and indicated in the terms and conditions of use section, so as to guarantee their integrity, confidentiality and availability