LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE www.mutishan.com
I. GENERAL INFORMATION
In compliance with the duty of information set forth in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information on this website is provided below: The ownership of this website, www.mutishan.com, (hereinafter Website) is held by: MUTISHAN GLOBAL S.L, holder of Tax ID: B88470877 and registered in: Registro Mercantil de Madrid with the following registry data: Number Protocol 4291 Sheet number EU1841707 05/09/2019, whose representative is: Daniela Patricia Goldman, and whose contact details are:
Address: Calle Julian Camarillo 44, 28037, Madrid, Spain.
Contact telephone: 651031433
Contact email: firstname.lastname@example.org
II. GENERAL TERMS AND CONDITIONS OF USE.
The object of the conditions: The Website
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources offered to Users (hereinafter, Services). Mutishan Global S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Mutishan Global S.L. may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The use of any of the Contents or Services of the Website may be made by means of prior subscription or registration by the User.
Access, browsing and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Mutishan Global S.L., such as comments and/or blogging spaces, confers the condition of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
The Mutishan Global S.L. Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
– A use of the information, Contents and/or Services and data offered by Mutishan Global S.L without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website.
– The truthfulness and legality of the information provided by the User in the forms provided by Mutishan Global S.L. for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Mutishan Global S.L. about any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Mutishan Global S.L. reserves the right to remove all comments and contributions that violate the law, the respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or safety, or that, in its opinion, are not appropriate for publication.
In any case, Mutishan Global S.L. will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Mere access to this Website does not imply any type of commercial relationship between Mutishan Global S.L. and the User. Always in compliance with current legislation, this Mutishan Global S.L. Website is intended for all persons, regardless of their age, who may access and/or browse the pages of the Website. 3/12
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Mutishan Global S.L. does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. Mutishan Global S.L. will make every effort to ensure the proper functioning of the Website; however, it is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.
Neither is it responsible for or guarantees that the content or software that can be accessed through this Website is free of error or causes damage to the User’s computer system (software and hardware). Under no circumstances will Mutishan Global S.L. be liable for any loss, damage or harm of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Mutishan Global S.L. is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, Mutishan Global S.L. is not responsible in any way for any telecommunications failures, interruptions, faults or defects that may occur.
IV. PRIVACY AND DATA PROTECTION POLICY
Respecting the provisions of current legislation, Mutishan Global S.L. undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.
– 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 (GDPR).
– The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
– Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
– Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for the processing of personal data
The person responsible for the processing of personal data collected in Mutishan Global S.L is: MUTISHAN GLOBAL S.L, with Tax ID: B88470877 and registered in: Registro Mercantil de Madrid with the following registry data: Number Protocol 4291 Sheet number EU1841707 05/09/2019, whose representative is: Daniela Patricia Goldman (hereinafter also Data Controller). Her contact details are as follows:
Address: Calle Julian Camarillo 44, 28037, Madrid, Spain.
Contact telephone number: 651031433
Contact email: email@example.com
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Mutishan Global S.L through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Mutishan Global S.L and the User or the maintenance of the relationship established in the forms filled out by the User, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities is kept that specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR:
– Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which the personal data is collected.
– Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
– Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
– Accuracy principle: personal data must be accurate and always up to date.
– Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes for which they are processed.
– Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.
– Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data processed by Mutishan Global S.L. are only identification data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Mutishan Global S.L undertakes to obtain the express and verifiable consent of the User for the processing of his or her personal data for one or more specific purposes.
The User will have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.
Purposes of the processing for which the personal data is used
Personal data is collected and managed by Mutishan Global S.L. in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms that the latter fills out or to respond to a request or query.
Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities inherent to the corporate purpose of Mutishan Global S.L., as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.
At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.
Retention periods of personal data
Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 1 year, or until the User requests its deletion.
At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.
Personal data of minors
Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent for the processing of their personal data in a lawful manner by Mutishan Global S.L. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.
Secrecy and security of personal data
Mutishan Global S.L. undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
However, because Mutishan Global S.L. cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.
Rights arising from the processing of personal data
The User has over Mutishan Global S.L. and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:
– Right of access: This is the User’s right to obtain confirmation of whether or not Mutishan Global S.L is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Mutishan Global S.L has carried out or will carry out, as well as, among others, the information available on the origin of said 7/12 data and the recipients of the communications made or planned for them.
– Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.
– Right of erasure (“the right to be forgotten”): This is the User’s right, provided that the legislation in force does not provide otherwise, to obtain the deletion of his/her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his/her consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data.
– Right to limitation of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
– Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically feasible, the Data Controller shall transmit the data directly to such other controller.
– Right to object: This is the User’s right not to have his or her personal data processed or to have the processing of such data by Mutishan Global S.L. cease.
– Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless existing legislation provides otherwise.
Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPDwww.mutishan.com”, specifying:
– Name, surname of the User and copy of the ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be substituted by any other means valid in law that proves the identity.
– Request with the specific reasons for the request or information to be accessed.
– Address for notification purposes.
– Date and signature of the applicant.
– Any document that accredits the request being made.
This request and any other attached documents may be sent to the following address and/or e-mail address:
Postal address: Calle Julian Camarillo 44, 28037, Madrid, Spain.
Links to Third Party Websites
The Website may include hyperlinks or links that allow access to third party websites other than Mutishan Global S.L., and therefore are not operated by Mutishan Global S.L. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.
Complaints to the supervisory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).
Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and to personalize his experience and use of the Website, and can also, for example, help to identify and resolve errors.
Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.
These are cookies that are sent to the User’s computer or device and managed exclusively by Mutishan Global S.L. for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognize the User as a recurring visitor to the Website and to adapt the content to offer him/her content that suits his/her preferences.
The entity(ies) in charge of the provision of cookies may transfer this information to third parties, provided that it is required by law or it is a third party that processes this information for such entities.
Social Networking Cookies
Mutishan Global S.L incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:
Disabling, rejecting and deleting cookies
VI. LINKS POLICY
It is reported that the Mutishan Global S.L. Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Website is intended to facilitate the Users’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
Mutishan Global S.L. does not offer or market by itself or through third parties the products and/or services available on such linked sites.
Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links. Mutishan Global S.L. will in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on the linked sites.
Mutishan Global S.L. assumes no responsibility for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Mutishan Global S.L. and which are linked to this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the Mutishan Global S.L. Website must know that:
The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without express authorization from Mutishan Global S.L.
No false, inaccurate or incorrect statement about the Mutishan Global S.L. Website, nor about its Contents and/or Services is permitted.
With the exception of the hyperlink, the website in which the hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Mutishan Global S.L.
The establishment of the hyperlink does not imply the existence of a relationship between Mutishan Global S.L. and the owner of the website from which it is made, nor the knowledge and acceptance by Mutishan Global S.L. of the contents, services and/or activities offered on said website, and vice versa.
VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
Mutishan Global S.L. itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them 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, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Mutishan Global S.L., are expressly prohibited.
The User agrees to respect the intellectual and industrial property rights of Mutishan Global S.L. The User may view the elements of the Website or even print, copy and store them on the hard drive of his or her computer or any other physical medium, as long as it is exclusively for his or her personal use.
The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website. In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of intellectual property protection, he/she must immediately notify Mutishan Global S.L. through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Mutishan Global S.L reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.
The relationship between the User and Mutishan Global S.L. will be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.
Last modification: April 26, 2021