I. LEGAL NOTICE
These provisions regulate the use of the Internet portal service www.plazabalmisapartments.com (hereinafter, the 'Portal') that the company LUCENTUM RESORT, S.L. (hereinafter, 'Lucentum') makes available to Internet users.
The contents of this Privacy Policy will help you to understand the type of data that we collect, what we do with it, and the rights you have — and the obligations we have — with relation to users of the Portal, and the maintenance of said data, outside the reach of unauthorised third parties.
Lucentum is a Spanish trade company with an indefinite duration, domiciled at Avenida de la Libertad 44-45 - 03610 - Petrer (Alicante), registered in the Mercantile Register of Alicante in Volume 4.187, Folio 164, Page A-163.665, and holding C.I.F. number B-42625137.
For communication purposes, you can contact us via telephone on +34 675 696 826, or via email to: info@plazabalmisapartments.com.
Access to the website is open and free of charge, except for any connection charges from the telecommunications network, supplied by the provider to the users.
Use of the Portal confers the status of Portal user (hereinafter, the 'User') and implies acceptance of all the terms and conditions included in this Legal Notice. The provision of the Portal service is limited in duration to the time when the User is connected to the Website or to any of the services it provides. Therefore, the User must carefully read this Legal Notice whenever they intend to use the Portal, as the conditions of use contained herein may have been modified.
Lucentum reserves the right to modify, update or alter this Legal Notice.
http://www.plazabalmisapartments.com is the Lucentum Portal pertaining to the tourist apartments rented by this company, through which various information, offers, reservations and tourist apartment rental services are provided. By visiting and using the Portal, the User accepts that the owner reserves the right to modify or suspend the available pages, the Portal, or to temporarily or permanently erase the data entered by the User, at any time, without prior notice and without any liability towards the User. In this way, the User accepts that Lucentum has no responsibility for the deletion of information, storage failure, inaccuracy of content, or any other circumstances related to information on the Portal.
All the contents on the Portal, including but not limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as the graphic design and source codes (hereinafter, the 'Content'), are the intellectual property of Lucentum or of third parties (Lucentum having previously been authorised for use). None of the exploitation rights recognised by current applicable legislation on intellectual property may be deemed transferred to the User, except those that are strictly necessary for the use of the Portal.
Access to the Portal does not grant the User, in any case, any rights with regard to the brands, commercial names and/or distinctive signs that appear therein.
3.1 General
The User undertakes to use the Website appropriately, in accordance with applicable law and this Legal Notice. The User shall be liable to Lucentum, or to third parties, for any damages that may be caused as a result of a breach of this obligation.
It is strictly forbidden to use the Portal for purposes harmful to the assets or interests of Lucentum or third parties, or which, in any other way, may overload, damage or disable the networks, servers and other computer systems (hardware) or computer products and applications (software) of Lucentum or third parties.
3.2 Content
The User agrees to use the Content of the Portal in accordance with applicable law, current terms, and this Legal Notice.
For example, the User, in accordance with current legislation, shall refrain from the following:
- Reproducing, copying, distributing, disclosing, publicly communicating, transforming or modifying the Content of the Portal, except in cases authorised by law or expressly approved by Lucentum, or by the owner of the rights of use, whichever the case may be.
- Reproducing or copying, for private use, any of the Portal Content that may be considered as “Software” or a “Database”, in accordance with current intellectual property legislation, as well as publicly announcing or disclosing to third parties, when these acts necessarily imply reproduction by the User or a third party.
- Extracting and/or reusing all or a substantial part of the Content making up the Portal, or the databases, which Lucentum makes available to Users.
Notwithstanding the provisions of our Privacy Policy, the use of certain services or requests addressed to Lucentum may be conditioned to the prior completion of the corresponding User request form.
All information provided by the User via the Portal forms, either for the aforementioned purposes or any other purpose, must be accurate. For these purposes, the User guarantees the authenticity of all data provided, and undertakes to keep the information provided to Lucentum updated, so that it is accurate at all times with regard to the User. In any case, the User shall be solely responsible for any false or inaccurate statements made, and for any damage caused to Lucentum or to third parties by the information provided. In order to provide data to Lucentum, the User must, at all times, have the necessary authorisation required by current legislation, and is remains liable to Lucentum and/or any third party, for any contingency that may arise due to lack of authorisation.
3.4 Introducing Links to the Portal
Any User who wishes to introduce links from their own website to the Portal shall comply with the conditions detailed below, with ignorance of said conditions not being grounds to avoid legal liability:
The link may only redirect to the home page or landing page of the Portal, but may not reproduce it in any way (online links, text copy, graphics, etc.).
In any event, and in accordance with the applicable legislation in force at any time, it is prohibited to establish frameworks of any kind, which implicate the Portal or enable the display of Portal Content via Internet addresses other than those of the Portal, and which, in any case, when viewed together with content from outside the Portal: (I) produce, or may produce, error, confusion or deception to the Users about the true origin of the service or content of the Portal; (II) entail an act of unfair comparison or imitation; (III) serve to take advantage of Lucentum's reputation and prestige; or (IV) are in any other way prohibited by current legislation.
No false, inaccurate or incorrect statements about Lucentum, its employees, or the quality of service it provides, shall be made from the page that introduces the link.
Under no circumstances shall the linked website state that Lucentum has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the linked website.
The use of any word, graphic, or combined trademark, or any other distinctive Lucentum sign within the linked website, is prohibited, except in cases permitted by law or expressly authorised by Lucentum, and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must faithfully comply with the law, and under no circumstances may display or link to its own or third-party content that: (I) is illegal, harmful or contrary to morality and good customs; (II) induces or may induce the false conception that Lucentum subscribes, endorses, adheres, or in any way supports, the ideas, manifestations or expressions, lawful or illegal, of the linked website; (III) is inappropriate or not relevant to Lucentum's activity with regard to the place, content and subject matter of the linked website.
In the event that the User considers that there is a page which facilitates a link to the Portal with illegal or inappropriate content, they may notify Lucentum, with Lucentum undertaking, in these cases, to carry out the appropriate inquiries, in order to proceed with the appropriate action.
Under no circumstances does the existence of a link to the Portal presuppose the existence of an agreement with the managers or owners of the page that facilitates said link, nor the recommendation, promotion or identification of Lucentum with the statements, content or services provided.
Lucentum is unaware of the content and services of these pages, and is therefore not responsible for any damage caused by the illegality, quality, outdated information, unavailability, error or uselessness of the content and/or services provided therein, or for any other damage.
4.1 Regarding Quality of Service
Access to the Website does not entail an obligation by Lucentum to ensure the absence of viruses, worms or any other form of malware. In any event, the use of adequate tools for the detection and removal of harmful computer software is the responsibility of the User.
Lucentum accepts no responsibility for any harm caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.2 Regarding Availability of Service
Access to the Website requires services and supplies from third parties, including transfers via telecommunications networks whose reliability, quality, continuity and functioning do not correspond to Lucentum. Therefore, the services provided through the Portal may be suspended, cancelled, or be totally or partially inaccessible, definitively or temporarily, prior to or simultaneously with the provision of the Portal service.
Lucentum shall not be held responsible for damages of any kind caused to the User as a result of a failure or disconnection of a telecommunications network, which causes the suspension, cancellation or interruption of the Portal service, during or prior to the service.
4.3 Regarding Content and Services Linked via the Website
The service of access to the Portal includes technical links, directories, and even search tools, which allow the User to access other websites (hereinafter, "Linked Sites"). In any case, and in the cases that apply with respect to the Linked Sites, Lucentum acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI), and shall only be liable for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence.
In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify Lucentum, with Lucentum proceeding, in these cases, to make the appropriate inquiries, in order to delete or disable, where appropriate, the corresponding link.
Under no circumstances does the existence of a Linked Site presuppose the existence of an agreement with the managers or owners of said site, nor the recommendation, promotion or identification of Lucentum with the statements, content or services provided.
Lucentum is unaware of the contents and services of the Linked Sites, and is therefore not responsible for any damage caused by the unlawfulness, quality, outdated information, unavailability, error or uselessness of the content and/or services of the Linked Sites, or any other damages not directly attributable to Lucentum.
4.4 User Responsibility
The User is aware of their exclusive responsibility for the use made of the Portal, exempting Lucentum from any kind of responsibility, demand or claim, including fees for legal representation even if it was not mandatory, which could be filed by a third party, due or as a result of their conduct or connection to this Website or the content it provides, or of their violation of the provisions of this Legal Notice or the Privacy Policy, or any other violation of the rights of another person or party.
4.5 General Liability Disclaimer
The User expressly understands and agrees that Lucentum shall not be liable for any direct, indirect, extraordinary or incidental damages, including but not limited to, damages for loss of benefits, data or other intangible losses (even if Lucentum has notified the User of the possibility of these losses), as a result of: (i) the use or inability to use the Portal, (ii) the cost of obtaining replacement goods, as a result of any operation performed on or through the Portal, (iii) unauthorised access to or alteration of the User's transmissions or data, (iv) the transfer or transmission, not authorised by Lucentum, of personal data made by the User or any third party, or (v) any other circumstances.
Likewise, it is expressly stated that Lucentum does not offer guarantees, implicit or explicit, about the non-interruption of access to the Portal, the lack of errors, the absence of viruses, punctuality, security, precision, or trust, in any quality, as well as the need for any content to be safe in any way.
The user accepts that the provisions contained in this Legal Notice may be modified and appropriately published on the Portal.
II. PRIVACY POLICY
Lucentum takes your right to privacy seriously, and wants you to feel comfortable browsing its Portal. Lucentum informs you that your personal data shall be processed in accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and Regulation (EU) 2016/679 of the European Parliament and the Council, of 27 April, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/CE
Information regarding our Data Protection Policy:
-Responsible for data processing: The party responsible for data processing is LUCENTUM, S.L., domiciled at Avenida de la Libertad 44-45 - 03610 - Petrer (Alicante), registered in the Mercantile Register of Alicante, in Volume 4.187, Folio 164, Page A-163.665, and holding CIF number B-42625137.
-Entrusted with data processing: The party entrusted with data processing is María Isabel Breijo Ramos, domiciled at Avenida Maisonave, 41, 6A, CP: 03003, Alicante, and holding DNI/NIE number 05317634B.
-Purpose of data processing: The purpose of data processing is to manage the relationship with users, customers or potential customers, as well as provide information about Lucentum products and services.
Any personal data collected will be treated confidentially.
-Rights of interested parties: Any interested party has the right to obtain confirmation about the processing of their data that is carried out by Lucentum. Likewise, any interested party may exercise their rights of access, rectification, deletion, portability, limitation and opposition, where appropriate, by email addressed to info@plazabalmisapartments.com, or by post to this address: Avenida de la Libertad 44-45 - 03610 - Petrer (Alicante), attaching a copy of their DNI or equivalent identification document. If the interested party is not fully satisfied with the exercise of their rights, they may file a complaint with the national control authority, by contacting the Spanish Data Protection Agency, C/ Jorge Juan, 6 - 28001 Madrid.
-Conservation of data: The personal data provided will be kept for the time necessary to fulfil the purpose for which it was collected, and for as long as it is necessary to comply with any legal regulations in force at the time.
-Communication of data: In general, personal data will not be communicated to third parties, except in the event of a legal obligation to do so.
-Security measures: Lucentum adopts the security measures required by current legislation, taking into account the current state of art, the nature, scope, context, and purpose of processing, as well as the variable risks of probability and severity to the rights and freedoms of natural persons.
Notwithstanding the foregoing, security techniques in a media outlet such as the Internet are not absolute and there may be leaks due to malicious acts by third parties.
Regarding the personal data provided by the User to Lucentum, by browsing the Web pages of the Portal, for any reason, the User is advised that they must possess all relevant authorisation, in accordance with the legislation in force, in order to make said transfer or transmission to Lucentum. In this sense, the User shall be solely responsible for obtaining authorisation from those affected, in accordance with the procedures determined by law, with Lucentum assuming no responsibility in this regard, concerning neither the User nor any third party. The User acknowledges and agrees that, in relation to the data provided, they must keep Lucentum unharmed by any contingency that may arise from the transfer or transmission made. Lucentum will cancel, delete and/or block the data when it is inaccurate, inconsistent, useless, incomplete or not necessary or relevant for the activities or purposes, in accordance with the provisions of current legislation.
If, for any reason, Lucentum ceases to provide its services through this Portal on a definitive basis, it will proceed to the destruction of all stored data, in order to maintain the security and adequacy of the data provided, unless there is a legal provision that requires its conservation.
For more information concerning the Lucentum Conditions of Service, please contact us by email: info@plazabalmisapartments.com and/or telephone +34 675 696 826.
By using this Portal, you agree that this Privacy Policy, and any type of dispute regarding the use of this Portal, shall be interpreted in accordance with Spanish law.
Moreover, the User, expressly waiving any other jurisdiction that may apply to them, submits to the jurisdiction of the courts and tribunals of the city of Alicante, for any dispute or controversy that may arise in relation to this Privacy Policy and, in general, for the use of the Portal or for all the services provided by Lucentum.
Lucentum reserves the right to modify, update or alter the outlined Privacy Policy at any time.
III. COOKIE POLICY
Lucentum uses "cookies" in order to facilitate the services offered by the Portal when a User or visitor browses the pages therein, identifying each User or visitor as quickly as possible. Cookies are automatic procedures for collecting information on the specific preferences of a User while visiting a particular website. This information is recorded in small files that are stored imperceptibly on the User's computer equipment. Each time the User accesses the website in question, these files are automatically activated, in order to configure the website with the preferences indicated in previous visits. In short, cookies are physical files containing personal information, hosted on the User's own terminal, and unequivocally associated with this terminal. However, cookies are only associated with an anonymous user, and do not provide access to personal data, nor can they read data off the User's hard disk, nor read “cookies” created by other service providers.
The User has the possibility of configuring their browser to limit the creation of cookie files, or to notify them at the time of occurrence. It is not necessary to activate cookies in order to access the Portal, although not doing so may prevent the proper functioning of security mechanisms for exclusive services, or certain services that require greater security. As a general rule, the purpose of the Portal's cookie files is to facilitate user navigation.
