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I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data on this website are provided below :

The ownership of this website, https://www.kaioland.com/, (hereinafter, Website) is held by KAIOLAND

II. 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 the 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).

KAIOLAND 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 therein. The User acknowledges and accepts that at any time KAIOLAND 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 Content or Services of the Website may be made by subscribing or registering the User.

The user

Access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and the User and KAIOLAND, such as comments and/or blogging spaces, confers the status of User, therefore All the Conditions established herein, as well as their subsequent modifications, are accepted from the moment you begin browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them every time they visit the Website.

The KAIOLAND Website provides a wide variety of information, services and data. The User assumes responsibility for correct use of the Website. This responsibility will extend to:

A use of the information, Content and/or Services and data offered by KAIOLAND without it being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may result in 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 KAIOLAND for access to certain Content or Services offered by the Website. In any case, the User will immediately notify KAIOLAND 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.
KAIOLAND reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attack youth or childhood, the order or public safety or that, in your opinion, are not appropriate for publication.

In any case, KAIOLAND 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 establishing any type of commercial relationship between KAIOLAND and the User.

Always in compliance with current legislation, this KAIOLAND Website is aimed at all people, regardless of their age, who can access and/or browse the pages of the Website.

The Website is aimed mainly at Users residing in Spain. KAIOLAND does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, they will do so under their own responsibility, and must ensure that such access and navigation complies with the local legislation that applies to them, not assuming KAIOLAND any responsibility that may arise from said access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF GUARANTEES AND RESPONSIBILITY

KAIOLAND does not guarantee the continuity, availability and usefulness of the Website, nor the Contents or Services. KAIOLAND will make every effort to ensure the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

Nor is it responsible or guarantee 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). In no case will KAIOLAND be responsible for losses, damages or losses 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.

KAIOLAND is also not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for any telecommunications drops, interruptions, lack or defect that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, KAIOLAND 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 Spanish and European regulations in force regarding the protection of personal data on the Internet. In particular, it respects the following rules:

The Regulation (EU) 2016 / 679 of the European Parliament and of the Council, of 27 of April of 2016, relative to the protection of the physical persons with regard to the treatment of personal data and the free circulation of these data (RGPD).
Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
The Royal Decree 1720 / 2007, of 21 of December, by which the Regulation of development of the Organic Law 15 / 1999, of 13 of December, of Protection of Personal Data (RDLOPD) is approved.
Law 34 / 2002, of 11 of July, of Services of the Society of the Information and of Electronic Commerce (LSSI-CE).

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 KAIOLAND through the forms extended on its pages will be incorporated and will be processed in our files in order to facilitate, expedite and comply the commitments established between KAIOLAND and the User or the maintenance of the relationship established in the forms that the user fills out, or to respond to a request or query from the same. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD applies, a record of processing activities is maintained 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 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 to completely transparent information of the purposes for which the personal data are collected.
Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
Principle of minimization of data: the personal data collected will be only those strictly necessary in relation to the purposes for which they are treated.
Principle of accuracy: personal data must be accurate and always updated.
Principle of limitation of the term of conservation: the personal data will only be maintained in a way that allows the identification of the User for the time necessary for the purposes of their treatment.
Principle of integrity and confidentiality: personal data will be treated in a manner 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 processed in KAIOLAND are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the treatment of personal data

The legal basis for the processing of personal data is consent. KAIOLAND 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

Personal data is collected and managed by KAIOLAND 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 out or to attend to a request or query.

Likewise, the data may be used for commercial personalization, operational and statistical purposes, and activities specific to the corporate purpose of KAIOLAND, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User. as well as improve the quality, operation and navigation of the Website.

When 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 to say, of 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 for the following period: 2 years, or until the User requests its deletion.

When 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 not be shared with third parties.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal information of minors

Respecting the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may grant their consent for the processing of their personal data lawfully by KAIOLAND. If it is 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

KAIOLAND 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 prevent accidental destruction, loss or alteration. or unlawful use 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 KAIOLAND 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 inform the User without undue delay when an incident occurs. violation of the security of personal data that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a violation of the security of personal data is understood to be any violation of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.

Personal data will be treated as confidential by the Responsible for the treatment, who undertakes to inform about and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom the information.

Rights derived from the processing of personal data

The User has KAIOLAND and may, therefore, exercise the following rights recognized in the RGPD against the Data Controller:

Right of access: It is the User’s right to obtain confirmation of whether or not KAIOLAND is processing their personal data and, if so, to obtain information about their specific personal data and the processing that KAIOLAND has carried out or is carrying out, as well as , among others, of the information available on the origin of said data and the recipients of the communications made or planned for them.
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 services from the information society to a person 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 who are 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 challenges the accuracy of his personal data; the treatment is unlawful; The Responsible for 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 User’s right not to have their personal data processed or to have their processing ceased by KAIOLAND.
Right not to be not to be the subject of a decision based solely on the treatment automated, including profiling: It is the User’s right not to be the subject of an individualized decision based solely on the automated processing of their personal data, including the creation of profiles, existing unless current legislation establishes otherwise.
Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-https://www.kaioland.com/”, specifying:

Name, surname of the User and copy of the DNI. 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 DNI 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 to effect of notifications.
Date and signature of the applicant.
Any document that certifies the request that you formulate.

Links to third party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than KAIOLAND, and which are therefore not operated by KAIOLAND. 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 Agency for Data Protection (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 he accepts the processing of his personal data so that the Responsible for the treatment can proceed to the same in the form, during the terms and for the purposes indicated. The use of the Website will imply the acceptance of its Privacy Policy.

KAIOLAND 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 Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on September 12, 2021 to adapt to 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) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPD)

V. COOKIES POLICY

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User – in the different devices that you can use to navigate – so that the server remembers certain information that later and only the server that implemented it will read. Cookies facilitate navigation, make it more friendly, and do not damage the navigation device.

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 personalize his experience and use of the Website, and may also, for example, help to identify and solve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on the Website and the sites visited just before and after it. However, no cookie allows it to be contacted with the User’s phone number or any other means of personal contact. No cookie can extract information from the user’s hard disk 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.

Cookies that identify a person are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User’s consent will be necessary to use them. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.

own cookies

They are those cookies that are sent to the User’s computer or device and managed exclusively by KAIOLAND for the best 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 allow us to recognize the User as a recurring visitor to the Website and adapt the content to offer content that fits their preferences.

The entity (s) responsible for the provision of cookies may (n) transfer this information to third parties, as long as required by law or a third party to process this information for those entities.

Social Network Cookies

KAIOLAND 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 must refer to them to find out about these cookies and, where applicable, the processing of their personal data. For information purposes only,

Disable, reject and delete cookies

The User can disable, reject and delete the cookies – totally or partially – installed on his device through the configuration of his browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must go to the instructions provided by the Internet browser itself that he is using. In the event that you reject the use of cookies – totally or partially – you may continue to use the Website, although you may have limited use of some of its services.

Changes to the Cookies Policy

It is possible that the Website Cookies Policy changes or is updated, so it is recommended that the User review this policy each time they access the Website in order to be properly informed about how and for what we use cookies.

SAW. LINK POLICY

It is reported that the KAIOLAND Website makes or may make available to Users linking means (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 make it easier for Users to search for and access the information available on the Internet, without considering a suggestion, recommendation or invitation to visit them. .

KAIOLAND does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

KAIOLAND will under no circumstances 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 existing on the aforementioned linked sites.

KAIOLAND does not assume any responsibility for any damages that may occur due to the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by KAIOLAND and that are linked in this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the KAIOLAND Website must know that:

Reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without express authorization from KAIOLAND.

Nor is any false, inaccurate or incorrect statement permitted on the KAIOLAND Website, nor on its Contents and/or Services.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by KAIOLAND.

The establishment of the hyperlink will not imply the existence of relations between KAIOLAND and the owner of the website from which it is made, nor the knowledge and acceptance of KAIOLAND of the contents, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

KAIOLAND by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, 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.). They will, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and Community regulations in this field, as well as international treaties related to the matter and signed by Spain, being applicable to them.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. on any medium and by any technical means, without the authorization of KAIOLAND.

The User agrees to respect the intellectual and industrial property rights of KAIOLAND. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the intellectual property protection rights, they must immediately notify KAIOLAND through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

KAIOLAND reserves the right to file civil or criminal actions that it deems necessary for improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and KAIOLAND will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with law.