GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these 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, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).

asterark.com reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated in it. The User acknowledges and accepts that at any time asterark.com 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 without the User having to provide a consideration to be able to enjoy it, except for the cost of connection through the telecommunications network provided. by the access provider that the User has hired.

The use of any of the Contents or Services of the Website may be done through the subscription or prior registration of the User.

The User

Access, navigation and use of the Website, confers the condition of User, therefore, from the beginning of browsing the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations depending on the case. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.

The asterark.com website provides a great diversity of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility will extend to:

A use of the information, Contents and / or Services and data offered by asterark.comw 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 operation of the Website itself.

The veracity and legality of the information provided by the User in the forms issued by asterark.com to access certain Content or Services offered by the Website. In any case, the User will immediately notify asterark.com about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to their immediate cancellation .

The mere access to this Website does not imply any type of commercial relationship between asterark.com and the User.

The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this asterark.com Website is not directed to minors. asterark.com declines any responsibility for the breach of this requirement.

The Website is aimed mainly at Users residing in Spain. asterark.com does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or has his domicile in another place and decides to access and / or navigate the Website, he will do so under his own responsibility, he must ensure that such access and navigation complies with the local legislation that is applicable to him, not assuming asterark.com any liability that may arise from such access.

ACCESS AND NAVIGATION ON THE WEBSITE

Exclusion of guarantees and responsability

asterark.com does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. asterark.com will do everything possible for the proper functioning of the Website, however, it is not responsible for or guarantees that access to this Website will be uninterrupted or error-free.

Keeping in mind the nature, the scope, the context and the indicated purposes of the treatment, as well as the risks of diverse probability and severity for your rights and freedoms, ASTERARK applies appropriate technical and organizational measures in order to guarantee the security and protection of your Personal data attending to privacy criteria from the design and applying, by default, a concurrent risk approach system that will be reviewed and updated when necessary.

The use of the Hyper-Text Transfer protocol (HTTPS) on our platform is a reinforced guarantee for the security of your personal data. Even so, ASTERARK cannot ensure the presence of malwares, malicious or harmful programs in the contents of the website and / or server where it is hosted, caused by cyber attacks that exceed all the security measures established for the protection and security of the website. It is the responsibility of the user to have protection measures such as antivirus, antispyware and others on the devices from which you access the website to maximize the security and privacy of your data.

asterark.com is not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.

Personal data protection

Respecting the provisions of current legislation, asterark.com undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws included in this privacy policy

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

Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).

Organic Law 3/2018, of December 5, on the Protection of Personal Data Protection and Guarantees of Digital Rights (LOPDGDD)

Law 34/2002, of July 11, on Services of the Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the treatment of the personal data collected in asterark.com is: Raquel Rodríguez Martín with I.D. 78699719K, and whose contact information is:

C/ Los Llanos Seis, 3. 28D.
38003 Santa Cruz de Tenerife, Spain
Contact Email: rachel@asterark.com

Hereinafter, also Responsible for the treatment has declared the following:

RAT (Record of Processing Activities)

The personal data collected by asterark.com, through the forms spread out on its pages, they will be entered into an automated file under the responsibility of the Data Controller, and duly declared in the RAT (Record Processing Activities), in its Security Document / Manual of Procedures for Data Processing Personal in order to facilitate, expedite and fulfill the commitments established between asterark.com and the User or the maintenance of the relationship established in the forms that he / she fills in, or to attend to a request or query from the same.

Principles applicable to the processing of personal data

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

Principle of legality, loyalty and transparency: the consent of the User will be required at all times, prior completely transparent information of the purposes for which the personal data is collected.

Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.

Data minimization principle: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.

Principle of accuracy: personal data must be accurate and always up-to-date.

Principle of limitation of the conservation period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its treatment.

Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.

Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data that are treated in asterark.com are only identifying data. In no case are special categories of personal data processed in the sense of article 9 of the RGPD.

Legal basis for the processing of personal data (Legal basis)

The legal basis for the processing of personal data is the consent. asterark.com undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

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

On the occasions in which 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 correct development of the operation carried out.

Purposes of the treatment to which the personal data are destined (Purpose)

Personal data is collected and managed by asterark.com in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills in or to attend a request or inquiry.

Likewise, the data may be used for a commercial personalization, operational and statistical purpose, and activities of the corporate purpose of asterark.com, 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 treatment to 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 treatment and, in any case, only during the following period: 1 MONTH, or until the User requests its deletion.

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

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

Google Analytics

In the event that the Data Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the intention to transfer the data, as well as the existence or absence of an adequacy decision of the Commission.

Personal data of minors

Respecting the provisions of articles 8 of the RGPD and 7 of the LOPD (Consent of minors), only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by asterark.com. In the case of a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

asterark.com 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 guarantee the security of personal data and avoid the destruction, loss or accidental or illegal alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted safely and confidentially, as the data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted. .

However, because asterark.com cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Responsible for the treatment undertakes to notify the User without undue delay when a violation of the security of personal data occurs that it is likely to pose a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that causes the destruction, loss or accidental or illegal alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.

The personal data will be treated as confidential by the person in charge of the treatment, who undertakes to inform about and guarantee through a legal or contractual obligation that said confidentiality is respected by his employees, associates, and any person to whom the information is made accessible.

Rights derived from the processing of personal data

The User has over asterark.com and may, therefore, exercise the following rights recognized in the RGPD with the Responsible for the treatment:

Right of access: It is the right of the User to obtain confirmation of whether or not asterark.com is treating their personal data and, if so, to obtain information about their specific personal data and the treatment that asterark.com has made or carries out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned thereof.

Right of rectification: It is the right of the User to have their personal data modified that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.

Right to erasure («the right to be forgotten»): It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or processed; The User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data has been unlawfully processed; personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must adopt reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to those personal data.

Right to limitation of treatment: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the treatment when he disputes the accuracy of his personal data; the treatment is unlawful; The person in charge of the treatment no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.

Right to data portability: In the event that the treatment is carried out by automated means, the User will have the right to receive from the Person in charge of the treatment their personal data in a structured format, of common use and mechanical reading, and to transmit them to another person in charge. of the treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.

Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease their treatment by asterark.com.

Right not to be the subject of a decision based solely on automated processing, including profiling: It is the right of the User not to be the subject of an individualized decision based solely on the automated processing of their personal data, including profiling, existing unless current legislation establishes otherwise.

In this way, the User may exercise their rights by written communication addressed to the Responsible for the treatment with the reference “LOPD-ASTERARK”, specifying:

Name, surname of the User and copy of the NIF. In the cases in which representation is admitted, it will also be necessary to identify the person representing the User by the same means, as well as the document proving the representation. The photocopy of the NIF may be replaced by any other legally valid means that proves identity.

Request with the specific reasons for the request or information to which you want to access.

• Address for notification purposes.
• Applicant’s date and signature.
• Any document that proves the request you make.

This request and any other attached document may be sent to the following address and / or email:

C/ Los Llanos Seis, 3. 28D.
38003 Santa Cruz de Tenerife, Spain
Contact Email: data@asterark.com

Links to third party websites

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

Claims before the supervisory authority

In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a control authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged offense. In the case of Spain, the control authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes in this privacy policy

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

asterark.com reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Agency for Data Protection. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was verified on January 31, 2023 in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the treatment of personal data and the free circulation of these data (RGPD).