Date: 22 of May 2018
Date: 22 of May 2018
1.- OWNERSHIP OF THE WEBSITE
In accordance with applicable current legislation (Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, EU Regulation 2016/679 as well as any other regulations applicable from time to time), we hereby inform the users of this Website: http://kaikucaffelatte.com (hereinafter, the Website) that the company:
KAIKU CORPORACIÓN ALIMENTARIA, S.L. is the Website owner.
KAIKU CORPORACIÓN ALIMENTARIA, S.L.’s registered office is in San Sebastian, Paseo Mikeletegui no. 55, 20009, Fiscal ID Code. B31684020 and registered in the Commercial Register of Guipúzcoa in Volume 1820, folio 43, page number SS-17285.
Contact e-mail address: protecciondedatos@kaiku.es.
Contact telephone: (+ 34) 943.117.000
The terms and conditions herein described are intended to regulate access to and use of this Website, as well as allowing KAIKU CORPORACIÓN ALIMENTARIA, S.L. to regulate and inform the users of the services offered through it.
2.- USERS
Access to and use of this Website attributes the status of the user.
Users by the mere fact of accessing this Website expressly accept in full the Legal notice and Privacy Policy. If these terms and conditions were replaced, totally or partially, by any others, the new terms and conditions will be deemed to have been accepted in exactly the same way as those expressed herein.
Users are solely liable for using the contents of the Website.
For any queries about these terms and conditions, the user can send an e-mail to protecciondedatos@kaiku.es
3.- USING THE WEBSITE
The Website provides users with access to large amounts of information, sections, blog, services or data (hereinafter, “the Content”) over the Internet, belonging to KAIKU CORPORACIÓN ALIMENTARIA, S.L.
The user is responsible for using the Website. This responsibility extends to the registration required to access certain content. When registering, the user will be responsible for providing true and lawful information.
Although KAIKU CORPORACIÓN ALIMENTARIA, S.L. acts in good faith, it will not be liable for any claims arising from the quality, reliability, accuracy or correctness of said Content.
The user undertakes to make appropriate use of the Content which KAIKU CORPORACIÓN ALIMENTARIA, S.L. offers through the Website and by way example but not limited to, agrees not to use them to: (i) Distribute content, comments, or propaganda which is by nature racist, xenophobic, pornographic, supportive of terrorism, or constitutes an offence against young people or children or human rights. (ii) Engage in unlawful or illegal activities or activities which are contrary to good faith, morals, good behavior, order or public security. (iii) Damage KAIKU CORPORACIÓN ALIMENTARIA, S.L’s physical and logical systems or those of its suppliers or third parties or manipulate those systems or introduce or spread throughout the network computer viruses or any other physical or logical constructs which are likely to cause said damage. (iv) Attempt to access and, where appropriate, use or handle email accounts belonging to other users and modify or manipulate their messages or breach the privacy, intimacy or any other fundamental right of other users or perform any action that prevents or impedes access to the Website by users. (v) Introduce, store or spread through any means or media, any comments and/or content that breaches any right of KAIKU CORPORACIÓN ALIMENTARIA, S.L. or any third party and in particular any intellectual or industrial property rights. (vi) Use the Content offered through this Website in a manner contrary to these Terms and Conditions of Use and the Privacy Policy and the special conditions governing the use of a specific service and/or content. (vii) Use the Content to promote, sell, hire, or spread advertising or their own information or that belonging to third parties without the prior, express written consent and authorization of KAIKU CORPORACIÓN ALIMENTARIA, S.L.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Content is the property of KAIKU CORPORACIÓN ALIMENTARIA, S.L. or as the case may be, any companies linked to it or third parties or individuals who are protected by industrial and intellectual property laws.
Users agree to respect the intellectual and Industrial property rights of KAIKU CORPORACIÓN ALIMENTARIA, S.L.
Also, users may not use, spread, distribute, publish, export, exploit, reproduce or copy all or part of the Content or design of this Website without the prior express written consent of KAIKU CORPORACIÓN ALIMENTARIA, S.L.
Comments, queries, suggestions, etc. provided by users through the Content represent the exclusive and transferable assignment, unlimited in terms of territory or time and on a complimentary basis, to KAIKU CORPORACIÓN ALIMENTARIA, S.L. of all use, distribution, exploitation, export, publication, dissemination and reproduction rights in respect of those suggestions or comments on the Website, Blog or on any other medium or storage media, as appropriate and any alteration, transformation, modification of the same arising from them, will not give rise to any compensation, indemnity or reimbursement or payment of fees or other economic rights of any nature in favour of the users.
5.- PERSONAL DATA PROTECTION POLICY
KAIKU CORPORACIÓN ALIMENTARIA S.L., as data controller and owner of the Website, informs its users that it complies at all times with the provisions of the applicable regulations and laws in force in matters of Personal Data Protection, in particular with EU Regulation 2016/679 as well as any other legislation applicable from time to time, and takes steps to ensure the proper use and processing of users’ personal data.
When providing their data in any form, blog or Website Content, users accept the Data Protection or Privacy Policy
Commercial communications
n accordance with the applicable legislation and more specifically with Law 34/2002 of 11th July, on Information Society Services and Electronic Commerce, KAIKU CORPORACIÓN ALIMENTARIA, S.L. will ask users to consent to the use of their email address for commercial purposes from time to time.
Users may revoke at any time their consent to receive personal communications by simply notifying KAIKU CORPORACIÓN ALIMENTARIA, S.L. at this email address: protecciondedatos@kaiku.es.
6.- LIABILITY
KAIKU CORPORACIÓN ALIMENTARIA, S.L. will in no case be liable, for any loss and damages of any nature which may be caused, by way of example but not limited to, by any errors or omissions in the Content, lack of technical availability, quality, reliability, accuracy, breadth, truthfulness and validity of this Website and its Content, or the transmission of viruses or malicious or harmful programs, despite having taken all the necessary technological measures to prevent them.
The user is responsible for using this Website. This responsibility extends to the registration required to access certain Content. When registering, the user will be responsible for providing true and lawful information.
KAIKU CORPORACIÓN ALIMENTARIA, S.L. reserves the right to remove any comments or content published by the user on the Website which in its view are unsuitable for publication, or demand that the user withdraw them immediately, as well as deny or withdraw access to this Website and/or to the Content, at the request of KAIKU CORPORACIÓN ALIMENTARIA, S.L. or of a third party, from those users who fail to comply with these Terms and Conditions.
KAIKU CORPORACIÓN ALIMENTARIA, S.L. reserves the right to request the immediate withdrawal of any link, comment or content in connection with this Website that has been used, spread, distributed, published, exported, exploited, reproduced or copied in breach of the provisions of these Terms and Conditions.
Likewise, KAIKU CORPORACIÓN ALIMENTARIA, S.L. reserves the right to deny or withdraw access to the Website and/or services provided without prior notice, at their own instance or that of a third party, to those users who breach these Terms and Conditions.
The Website user will be personally liable for loss and damages of any nature caused to KAIKU CORPORACIÓN ALIMENTARIA, S.L. and/or to any other user or third party due to a breach of these Terms and Conditions.
7.- UPDATING AND MODIFICATIONS
KAIKU CORPORACIÓN ALIMENTARIA, S.L. may at any time and without prior notice change these Terms and Conditions, as well as the Privacy Policy to adapt to new legislation, or by a strategic corporate decision. Likewise, it is recommended that the user access them whenever they intend to make use of the Website’s Contents.
8.- LINKS
In no case will KAIKU CORPORACIÓN ALIMENTARIA, S.L. assume any liability for the content of any hyperlink belonging to a third-party Website, nor will it guarantee the technical availability, quality, reliability, accuracy, breath, truthfulness, and validity of any material or information contained in any such hyperlinks or other Internet Websites.
9.- LAW AND APPLICABLE JURISDICTION
The relationship between KAIKU CORPORACIÓN ALIMENTARIA, S.L. and the user will be governed by current Spanish legislation and any dispute will be submitted to the courts and tribunals of the city of San Sebastián (Guipúzcoa).
Who is the data controller?
The Website’s owner and data controller is the company KAIKU CORPORACIÓN ALIMENTARIA, S.L., whose registered office is in San Sebastian, Paseo Mikeletegui no. 55, 20009, Fiscal ID Code B31684020, registered in the Commercial Register of Guipúzcoa in Volume 1820, folio 43, page number SS-17285.
Contact details::
Email: protecciondedatos@kaiku.es
Telephone: + (34) 943.117.000
For any query or request concerning this Privacy Policy, users may contact the e-mail address protecciondedatos@kaiku.es giving as a reference “Data protection”.
CATEGORIES OF DATA PROCESSED AND PURPOSES FOR WHICH IT IS PROCESSED
Which data categories do we process?
Identification data: name, surname, postal address, email, ID, etc.
Personal circumstances data: Date of birth.
Traffic and geolocation data:
INFORMATION COLLECTED
Contact: Queries, comments, suggestions, ideas, etc. Personal information collected through the form which includes, but is not limited to, your name, surnames, e-mail(s), date of birth, address, town, province, telephone numbers.
Blog/Content: Comments left by users in comments (posted).
When posting a comment or similar, the user accepts that the data they provide, by way of example, but not limited to, name, e-mail, photographs, commentary, can be published on the Kaiku Caffe Latte Blog.
Newsletter/business information: When subscribing to the newsletter and the sending of commercial information, users provide their email address and accept to receive by electronic mail from KAIKU CORPORACIÓN ALIMENTARIA, S.L. and its linked companies in the dairy sector the newsletter or commercial information.
When registering on the Website: Users provide personal information collected by way of the form placed at their disposal in this section, which includes, by way of example, but not limited to, their name, surnames, e-mail(s), date of birth, address, town, province and telephone numbers.
Promotions, competitions, prize draws: When taking part in any promotion, competition or prize draw, users may provide personal information to take part and enjoy any prizes, for example, but not limited to, their name, surnames, address, e-mail(s) and telephone numbers.
With what aim and for how long will we process your personal data?
USE OF YOUR PERSONAL DATA, PURPOSE, CONSERVATION
Use, purpose
In accordance with the legislation applicable in the field of personal data protection, KAIKU CORPORACIÓN ALIMENTARIA, S.L., Fiscal ID Code B31684020, whose registered address is Paseo Mikeletegui 55, 20009, San Sebastián (Guipuzcoa), telephone number 943117000, contact email address:protecciondedatos@kaiku.es, as the data controller, informs those users voluntarily using these Contents, as to how their personal data will be processed and protected.
Using any of the Website’s Content implies express and full acceptance of the present Privacy and Personal Data Processing Policies.
The purpose of processing users’ data may include:
Keeping information
To which addressees will your data be forwarded?
KAIKU CORPORACIÓN ALIMENTARIA, S.L. can hire the services of third parties and/or linked companies to perform services on its behalf, such as, by way of example, but not limited to, posting the newsletter, managing and running the Website page, hosting. Only the personal information necessary to deliver the service is provided to said companies, and they are required to keep said information confidential. Its use for purposes other than those mentioned herein is banned.
Public bodies in the cases provided for by law
State security forces and bodies pursuant to the law
However, despite the above, KAIKU CORPORACIÓN ALIMENTARIA, S.L. may disclose personal information in the following circumstances, if said information: i) Was within the public domain at the time of disclosure. ii) Had entered the public domain following its disclosure, without KAIKU CORPORACIÓN ALIMENTARIA, S.L. being in breach of its legal obligations. iii) Was held by KAIKU CORPORACIÓN ALIMENTARIA, S.L. prior to being released, as recorded in the written files of KAIKU CORPORACIÓN ALIMENTARIA, S.L. and was not subject to any prior confidentiality agreement with the user. Or, iv) where KAIKU CORPORACIÓN ALIMENTARIA, S.L. had acquired it in accordance with the rights of a third party who was legally in possession of the same and was not compelled by the user to uphold its confidentiality. v) Where it had been obtained independently by employees or agents of KAIKU CORPORACIÓN ALIMENTARIA, S.L. who had had access to the confidential information. vi) Where KAIKU CORPORACIÓN ALIMENTARIA, S.L. is obliged to disclose the information pursuant to a court order or an order issued by an administrative authority or any applicable regulations. Or, vii) where acting in good faith, KAIKU CORPORACIÓN ALIMENTARIA, S.L. believes disclosing the information is necessary to defend their rights. Or (viii) where it is necessary to respond to demands or claims made by third parties.
What are the legal grounds for processing your data?
The legal grounds for processing users’ personal data are broken down below, and in every case rely on the consent of the person concerned:
Users provide their data voluntarily to KAIKU CORPORACIÓN ALIMENTARIA, S.L. Where they do not provide the minimum information requested in each case, they may not, by way of example, but not limited to, consult, send posts to the newsletter when appropriate, leave a comment, or take part in the Kaiku Caffe Latte Blog.
Furthermore, KAIKU CORPORACIÓN ALIMENTARIA, S.L. informs its users that they can at any time revoke their consent to the collection and processing of their personal data, by the procedure set out for this purpose, without affecting the lawfulness of processing any of their data provided prior to the withdrawal of their consent.
What are your rights?
USERS’ RIGHTS.
Pursuant to applicable legislation on data protection currently in force, users will be able to enforce the rights listed therein, in accordance with the procedure detailed below:
Users have the right to obtain confirmation as to whether KAIKU CORPORACIÓN ALIMENTARIA S.L is processing their personal data. Therefore, users have, among other rights, the right to access their personal data, rectify any inaccurate data, or request it be erased when the data is no longer required.
Access: request for information on the personal data provided.
Rectification or erasure: An application for the correction of any inaccurate or incorrect personal data provided or erasure of the same if the data subject or their representative or guardian requests it.
Erasure: An application for the erasure of any personal data provided.
Restricting processing, should it go ahead: Users may request that the processing of their data be restricted.
Objection, should it go ahead: An application to oppose the processing of personal data belonging to the data subject.
Data portability: Users in accordance with the legislation currently in force will have the right to request data portability.
Users may oppose, at any time, the sending of commercial information and/or newsletters by electronic means, as well as any other processing subject to the presentthis will lead to them being unsubscribed from said services.
Procedure for exercising any of the above rights: To exercise their rights users and personal data subjects, must:
11.- COOKIES
Please see the Cookies Policy of KAIKU CORPORACIÓN ALIMENTARIA, S.L.
