Legal Notice

In order to comply with Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, we provide our data to users:

Corporate name: ÀMBIT JOIES, S.L. (hereafter, also HABIT)

Registered address: Carrer dels Lledó, 4-6, 08002, Barcelona

Tax identification number (NIF): B61848032  

Phone number: +34 932009474

Email: habit@telefonica.net 

Website: www.habitbcn.com 

Registry data: This society is registered in the Barcelona Companies Registry in Volume 31380, Sheet 0206, general section, Page 187925, Inscription 1.

1. OBJECTIVE

HABIT (hereafter, also the provider) as the owner of the website, makes this document available to users, which regulates the use of the website www.habitbcn.com, with which we intend to comply with our obligations under Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE or LSSI) as well as inform all users of the website as to the website’s terms of use.

Through the website, HABIT makes it easier for users to access and use different services and content made available on the website.

Every person that accesses this website assumes the role of user (hereinafter, the user), which implies the full and unreserved acceptance of each of the provisions included in this Legal Notice as well as any other legal provisions that apply.

As users, you should carefully read this Legal Notice on any occasion that you visit the website since it may be subject to modifications. The provider reserves the right to modify any type of information that may appear on the website without the obligation to give prior notice or inform users of said obligations, with publication on the website of the provider being sufficient.

2. CONDITIONS OF ACCESS AND USE OF THE WEBSITE

2.1. Free access and use of the website

The services provided by HABIT are free of charge for all users. However, some of the services provided through the website are subject to the payment of a specific price determined by the general terms and conditions of business.

2.2. User registration

In general, the provision of services does not require prior subscription or registration by users.

2.3. The veracity of the information

All information provided by the user must be true. For these purposes, the user guarantees the authenticity of the data communicated through the forms used for the subscription of services. It will be the user’s responsibility to maintain all information provided to HABIT permanently updated so that it corresponds, at all times, to their current situation. In any event, the user will be solely responsible for any false or inaccurate statements made and for any damage that this causes to the provider or third parties.

2.4. Minors

For the use of the services, minors must always obtain prior consent from their parents, guardians, or legal representatives, who are ultimately responsible for all acts performed by the minors under their care. It is their responsibility to determine the specific content to which minors have access, which is why if they access content that is not appropriate on the internet, mechanisms should be established on their computers, such as programs, filters, and blockers, which allow them to limit the content available and, even though they are not infallible, which are especially useful for controlling and restricting the materials that minors can access.

2.5. Obligation to use the website correctly

The user commits to using the website in accordance with the law and this Legal Notice as well as with morals and good manners. In effect, the user shall refrain from using the site for unlawful or prohibited purposes that are harmful to the rights and interests of third parties or that in any way can damage, disable, overload, disrupt, or prevent the normal use of the computer equipment and the documents, files, and all types of content stored on any of the provider’s computer equipment.

In particular, and by way of illustration but not exhaustive, the user undertakes to not transmit, disseminate, or make available to third parties the information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software, and, in general, any kind of material that:

(A) is contrary to, disparages, or violates the fundamental rights and public freedoms recognised constitutionally, in international treaties, and in other existing regulations;

(B) induces, incites or promotes actions that are criminal, denigrating, defamatory, violent or, in general, contrary to law, morality, and public order;

(C) induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, belief, age, or condition;

(D) is contrary to the right to honour, personal and family privacy, or people’s self-image;

(E) damages the credibility of the provider or third parties in any way; or

(F) constitutes illegal, misleading, or unfair advertising.

3. WARRANTY AND LIABILITY DISCLAIMER

The provider is exempt from any liability arising from the information published on our website, provided that this information has been manipulated or entered by a third party.

This website has been reviewed and tested to ensure that it functions properly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. Nevertheless, the provider does not rule out the possibility of certain programming errors or that force majeure, natural disasters, strikes, or similar circumstances might occur and make access to the website impossible.

HABIT makes no warranty nor is it responsible, in any event, for the damages of any kind that may arise from the unavailability, maintenance, and effective operation of the website or its services and content; of the existence of viruses, malicious or harmful programs in the content; for the unlawful, negligent, fraudulent, or contrary to this Legal Notice and the Terms of Use; or of the lack of legality, quality, reliability, usefulness, and availability of the services provided by third parties and made available to users on the website.

Under no circumstances is the provider liable for any damages that may arise from the illegal or improper use of this website.

4. COOKIES

The provider’s website may use cookies (small data files that the server sends to the computer of the person accessing the page) to perform certain functions that are considered essential for the proper functioning and visualisation of the website. In any case, the cookies used are temporary in nature with the sole purpose of making browsing more efficient and disappearing at the end of the user’s session. Under no circumstances will the cookies be used to collect personal information. For more information, see our Cookie Policy.

5. LINKS

On the website, you may be redirected to sponsored content, advertisements, and/or links from affiliates and/or third-party websites.

In the links provided, there is the possibility to learn about or refer to products and/or services from third parties. Given that we cannot control the content introduced by third parties, HABIT does not assume any responsibility for said content, nor does it guarantee the experience, integrity, or quality of those products. In any case, the provider declares that it will proceed to immediately remove any content that could contravene national or international legislation, morality, or public order, proceeding to the immediate removal of the redirection to those websites, informing the competent authorities about the content in question.

HABIT will have these links published until they are removed or deleted by the provider or the advertiser and will not be liable even if these ads can be indexed by search engines outside this website.

The provider is not responsible for the information and content stored, including but not limited to forums, chats, blog generators, comments, social networks, and any other means that allow third parties to publish content independently on the provider’s website. Nevertheless, in compliance with the provisions of Articles 11 and 16 of the LSSICE, the provider makes itself available to all users, authorities, and security forces, and actively collaborates in the withdrawal or, where necessary, the blocking of all content that may affect or contravene national or international law, third party rights, morality, or public order. In the event that the user considers that there may be some content that could be susceptible to this classification, please notify the website administrator immediately.

However, HABIT informs you that any contractual or non-contractual relationship that the user formalises with these third parties, affiliates, or advertisers through the links provided by this website will be valid only and exclusively between the user and the advertiser and/or third party and that HABIT will not be liable for any damage that could be caused by the provision of services and/or contractual or non-contractual relationships made between the user and the advertisers or third parties contacted through this portal since the provider only acts as an intermediary or advertising medium.

6. PERSONAL DATA PROTECTION

The provider is deeply committed to complying with the personal data protection regulations and guarantees full compliance with the obligations set forth as well as the implementation of the security measures outlined in the European General Data Protection Regulation and the Spanish data protection regulations. For more information, see our Privacy Policy.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation, and other elements necessary for its operation, the designs, logos, text, photographs, and/or graphics, is the property of the provider or, if necessary, has been expressly licensed or authorised by the authors. All of the content on the website is duly protected by intellectual and industrial property regulations.

Regardless of the purpose for which it is intended, the total or partial reproduction, use, distribution, and public communication require prior written authorisation by the provider. Any use not previously authorised by the provider will be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, logos, text, and/or graphics that are unconnected to the provider and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them. In any case, the provider has their express prior authorisation.

The provider recognises, on behalf of its owners, the corresponding industrial and intellectual property rights, not implying the mention or appearance on the website, the existence of rights or responsibility of the providers for the same, nor the endorsement, sponsorship, or recommendation by the same.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights as well as on any of the content on the website, you can do so through the email listed above.

8. APPLICABLE LAW AND JURISDICTION

For the resolution of disputes or issues related to this website or the activities carried out therein, Spanish legislation will be applied. All parties will expressly submit themselves to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers & Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU).

PRIVACY POLICY

INTRODUCTION

Your privacy is important to us, so through this document, we will explain what data we collect from our users, how we use it, and why, among other guidelines. Those over the age of 14 may register themselves as users without the previous consent of their parents, guardians, or legal representatives. In the case of children under the age of 14 or identified as “legally incompetent,” we will always need the consent of their parent, guardian, or legal representative.

For your information, we will never ask for more details than we will actually need for the services required; we will never share it with third parties, except by legal obligation or with your previous authorisation; and we will never use your data for any purpose not previously specified.

As users, you should read this Privacy Policy carefully, on a regular basis, and every time you enter your personal data because this document may have been modified. The provider can change any type of information that may appear on the website to comply with regulations or to update the policy without the obligation to give prior notice or inform users of said obligations, with publication on the website of the provider being sufficient.

DATA CONTROLLER

Identity: ÀMBIT JOIES, S.L (also, the provider and HABIT)

Tax identification number (NIF): B61848032  

Registered address: Carrer dels Lledó, 4-6, 08002, Barcelona

Email: habit@telefonica.net

HABIT, as the owner of the website, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and on the free movement of such data and other existing regulations on the protection of personal data and by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), informs you that it has implemented the necessary security measures, both technical and organisational, to ensure and protect the confidentiality, integrity, and availability of the data entered.

THE DATA COLLECTION METHODS AND THE DATA THAT WE COLLECT

The data we collect and the methods we use to obtain it are as follows:

  1. Through the contact form: name, email 
  2. Through the eCommerce data collection form: name, address, email, phone number, banking details or information about a credit or debit card;

Specially protected data categories are not processed.

THE PURPOSE OF DATA PROCESSING

Your personal data will only be used for the following purposes, after providing your consent for each of the purposes in the corresponding section of the website:

  1. The contact form: to respond to inquiries and/or provide the information required by the user;
  2. If you purchase a product through our website www.habitbcn.com, we will ask you to provide us with information about yourself, including your name, contact details, and credit or debit card information.
  3. Other purposes: 
    • To carry out the commercial, administrative, fiscal, and accounting procedures that are required under current legislation;
    • To know your opinion and improve the services provided by the website;
    • To perform an analysis of the usability of the website, through cookies (mentioned in the Cookie Policy);
    • Social networks: the use of social media will be specified in the corresponding section.

The photographs that are posted on the website are the property of HABIT.

You can withdraw your consent at any time by sending a letter with the subject “Unsubscribe” to the aforementioned email.

According to the LSSICE, HABIT does not engage in spamming and, therefore, does not send commercial emails that have not been previously requested or authorised by the user. Accordingly, in all the communications you will receive from the provider, the user has the possibility to withdraw their express consent to receive our communications.

We will not process your personal data for any purpose other than those described except for legal obligation or judicial requirement.

You will not be the subject of decisions based on automated processing that will have an effect on your data.

THE LEGITIMACY OF DATA PROCESSING

The legal basis for the processing of your data is the consent you grant at the time of entering your data in the corresponding form to accomplish the purposes, at the moment of ticking the checkbox.

Failure to provide the requested personal data or not accepting this Privacy Policy implies the impossibility of achieving the purposes described above.

In cases where there is a prior contractual relationship between the parties, the legal basis for the development of the administrative, fiscal, accounting and labour obligations that are necessary under the current legislation will be the previous existence of a commercial relationship between the parties.

The prospective or commercial offering of products and services is based on the consent that is requested from you and under no circumstances does the withdrawal of this consent have any bearing on the execution of the subscription agreement.

DATA RETENTION PERIOD

Your data will be retained for the duration of your commercial relationship with us or until you exercise your right to the cancellation, withdrawal, or limitation of processing. However, we will retain your data for the time required by law in accordance with the applicable provisions.

RECIPIENTS OF DISCLOSURES AND TRANSFERS

HABIT does not perform any transfers or disclosures of data either inside or outside the EU. The provider will only provide information to law enforcement agencies under a court order or legal obligation, without prejudice to the ability to block or cancel your account if there are any indications that the user has committed any crime. The information provided will only be available to the provider at that time.

The information that you provide us through this website will be hosted on the HABIT servers, contracted from the company NOMINALIA INTERNET S.L. with NIF B61553327 and domicile in C/ d’Ulldecona, nº 21, 1ª Planta, 08038 Barcelona that provides the web hosting service. The processing of the data of the entity is regulated by a data processor contract between the provider and this company. 

In addition, the provider uses certain tools to provide the services necessary for the development of its activity, which are able to store your data. These tools are as follows:

Google Analytics: to perform analysis and take measurements of the use that users make of the website through cookies. The information generated and collected by these cookies on use (including IP addresses) will be directly transmitted and archived by Google Inc., a Delaware company located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”), on their servers in the United States.

THE RIGHTS OF THE INTERESTED PARTIES

As a user/interested party, you can request to exercise the following rights before HABIT by sending a letter to the postal address in the header or by sending an email to habit@telefonica.net, with the subject, “DATA PROTECTION: RIGHTS OF THE AFFECTED” and a photocopy of your ID or any similar legal documentation, as indicated by the law.

Rights

  • Right of access: allows the interested party to know and obtain information about their personal data subject to processing.
  • Right to rectification: allows the interested party to correct errors and modify data that is inaccurate or incomplete.
  • Right to erasure/to be forgotten: allows inadequate or excessive data to be deleted.
  • Right to object: the right of the interested party to not have their data processed or to stop the processing of the same. 
  • Right to restrict processing: involves the flagging of stored personal data in order to limit any future processing, for the exercise or defence of claims.
  • Right to data portability: involves the disclosure of the data undergoing processing to the interested party, so that they can transfer it to another controller without any impediments.
  • Right not to be subject to a decision based solely on automated processing, including profiling: the right not to be subject to any decision that is solely based on automated processing that effects or will significantly affect the interested party.

As a user, you have the right to withdraw the consent given at any time. The withdrawal of consent shall not affect the legality of the processing performed prior to your consent being revoked.

You also have the right to lodge a complaint with the supervisory authority if you believe that your rights in relation to the protection of your data may have been infringed (aepd.es).

ADDITIONAL INFORMATION

SECURITY MEASURES

The data you provide to us will be treated confidentially. The provider has adopted all the technical and organisational measures and all the levels of protection necessary to ensure the secure processing of data and to prevent its alteration, loss, theft, and unauthorised processing or access, in line with the current state of technology and the nature of the data stored. Likewise, it guarantees that the processing and registration in files, programs, systems, equipment, premises, and centres comply with the requirements and conditions of integrity and security established in the current regulations.

LANGUAGE

The applicable language for this Privacy Policy is Spanish. Consequently, in the event of any contradiction between the versions provided in other languages, the Spanish version will prevail.

SOCIAL NETWORKS

HABIT can have a presence on social media. The data processing carried out on people who become followers (and/or perform any linking or connecting action through social networks) of the official pages for HABIT on social networks will be governed by this section as well as by the conditions of use, privacy policies, and access regulations of the social network that is appropriate in each case and previously accepted by the user.

HABIT will process your data for the purpose of correctly managing its presence on the social network, informing you of activities, products, or services from the provider as well as for any other purpose that the regulations of the social network allow.

It is forbidden to publish any content:

– that is presumed to be illegal under national, community, or international law or that engages in activities that are presumed to be illegal or that contravene the principles of good faith; 

– that violates the fundamental rights of individuals, does not show courtesy on the network, upsets or can generate negative opinions in our users or third parties and, in general, any content that HABIT considers inappropriate;

– and, in general, that contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, privacy protection, the protection of the consumer, intellectual, and industrial property rights.

Likewise, HABIT reserves the right to remove any content that is considered inappropriate without previous notice from the website or the corporate social network.

In any case, if you submit personal information through the social network, HABIT will be exempt from any liability in relation to the security measures applicable to this platform and to the user. If you want to know what these are, you should consult the specific terms of the network in question.

CHANGES TO THIS PRIVACY POLICY

HABIT reserves the right to modify this policy to adapt it to new legislation or jurisprudence.

REVOCABILITY

The consent given, both for the processing and for the transfer of the data of the interested parties, can be withdrawn at any time by communicating with HABIT according to the terms established in this policy for the exercising of rights. This revocation shall in no case be retroactive.

LEGISLATION

In general, the relations between HABIT with the users of its telematic services, present on this website, are subject to the Spanish legislation and jurisdiction. The parties will expressly submit themselves to the courts and tribunals of the provider’s registered office (if not considered a consumer for the purposes of the Consolidated Text of the General Law on the Defence of Consumers & Users (TRLGDCU)) or of the user (if considered a consumer for the purposes of the TRLGDCU).