Privacy policy and legal notice

Date effective: 25 November 2021
María Luisa López Ávila, hereinafter the “Owner“, with Tax Identification Number 07003132T. Registered at Calle Dimas Madariaga 27, 2º B, Código Postal 37005 Salamanca, Spain, with email address margara@margara.es which you can write to in the event of dispute or a request for information about this notice. María Luisa López Ávila is the owner of the site margara.es and is responsible for the private customer area.

We have created a new business brand called MARGARA, and this is its first product in its line of merchandising for museums and selected shops, and a product that will be associated with the name of Salamanca: AGUA DE SALAMANCA Perfume. 

The purpose of this website is to provide the general public with information on the products and/or services offered. The information contained in this website is current as of the date it was last updated and is for information purposes only.

The person using this website undertakes to do so without engaging in activities that may be considered illicit or illegal, that infringe the rights of the Owner or third parties, or that breach the network’s rules of etiquette or morality. The person using this website also expressly undertakes not to carry out any of the following activities:

• To destroy, alter, disable or damage in any other way Owner or third-party data, programmes or electronic documents.
• To obstruct the access of other users, in addition to actions that damage, interrupt or generate errors in the systems.
• To attempt to read, delete, copy or modify other users’ email messages.
• To use the system to attempt to gain access to restricted areas of the Owner’s or third parties’ computer systems.
• To attempt to increase a user’s privilege level on the system.
• To launch programmes, viruses, macros, exploits or any other logical device or sequence of characters that cause or are likely to cause any kind of alteration in the Owner’s or third parties’ computer systems.
• Except in cases of express authorisation, it is forbidden to establish links or hyperlinks from third-party portals or websites to pages on the Owner’s website or that which replaces it in the future, as well as to present the webpages of the Owner or the information they contain under frames or trademarks, logos, brands or company or commercial names of another person, company or entity.

In particular, by way of example and without limitation, the use of the website for the following purposes or with the following consequences is strictly prohibited:

• When fundamental rights and freedoms are violated or undermined in any way.
• When they introduce, incite or promote criminal, denigratory, defamatory, libellous, violent acts or, in general, acts contrary to the law, decency, morality, or public order.
• When they are protected by intellectual or industrial property rights belonging to third parties, except with the prior and express authorisation of their legitimate owner.
• When this constitutes unfair, unlawful or misleading advertising or unfair competition.
• When the right to honour, to personal and family privacy or to one’s own image is violated.
• When any type of computer virus may be spread which could cause damage or unauthorised alterations to the contents or systems of any kind accessible through the website.

The Owner reserves the right to exclude the user from the active service without prior notice, in the event of any of the aforementioned activities and to take any legal action it deems appropriate. In any event, the Owner is under no obligation to control the contents transmitted, disseminated or made available to third parties by users, except in cases where this is required by current legislation or when required by the competent judicial or administrative authority.

Any comments, opinions or statements made within the active services belong exclusively to the users expressing these opinions and shall in no event be deemed to originate from the Owner, who shall be held harmless and indemnified against any claim arising from a User’s utilization of these active services in the manner prohibited by this contract or by law.

The types of data collected through forms, subscription to news, etc. are basic details such as name, address, location, telephone, email and payment method which are proportionate to the type of services provided and governed by the current Data Protection Act, including the exercise of rights.

This website is protected by sufficient technical and organisational security measures, and the sending of data is encrypted for data transactions where necessary.

Use of the website confers the condition of user on the same. Consequently, prior to using the service, the User must read and accept the General Terms and Conditions and the Personal Data Protection Clause in order to continue using this website, and explicitly agree to this when registering their data for the purchase of products or services by selecting ‘I accept’ in the places on this site that so require.

The purpose of this website is to provide customers/users with different contents, services and information about the products and services provided by our company and third parties.

Our company has adopted the security levels and technical means at its disposal to guarantee the maximum confidentiality of the information and personal data provided when accessing the website. However, the User must be aware that internet security measures are not impossible to breach. Access to this site does not imply that our entity has total control over immunity from viruses or any other harmful computer element; it is the User’s obligation to have adequate system tools for detecting and, where appropriate, removing such elements.

The intellectual property rights over the aforementioned Site Domain extend not only to the contents and title thereof, but also to its logo, design, images, structures, graphics and any other content, as well as the code with which it is programmed, all of which are protected in accordance with Law 21/2014, of 4 November, which amends the revised text of the Intellectual Property Law approved by Royal Legislative Decree 1/1996, of 12 April, and Law 1/2000, of 7 January, on Civil Procedure and other Spanish and international legislation relating to copyright in force.

Likewise, the intellectual property rights and trademarks of third parties that appear on the website are their property and must be respected, and the Owner is not responsible for any use the User may make of them, and he/she is solely responsible for all legal actions that said third parties may take.

The Owner is not responsible for the use of this website by customers/users and reserves the rights of reproduction, modification, adaptation, public communication, maintenance, transfer, sale, rental, loan and any other intellectual property rights that may correspond to the contents of the website, expressly prohibiting the exercise of the above rights without express authorisation from the Owner. Exercising the aforementioned rights, regardless of the means or form in which they are produced, requires prior express authorisation from the Owner. Under no circumstances shall the Owner be liable for any possible infringements of intellectual property that may be committed by a customer/user.

All the texts and images contained on the website are copyrighted and may not be reproduced in part or in whole without the written permission of their legal owners.

The User acknowledges that the intellectual and industrial property rights for the graphics, texts, maps, buttons and, in general, all the information contained on the website which he/she accesses do not correspond to him/her and that the reproduction, loading, presentation, execution, transmission, storage, translation, adaptation, arrangement or distribution, whether total or partial, carried out without the consent and express authorisation of our entity constitutes an infringement of intellectual and industrial property rights. Our entity does not grant licences or authorisations of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website, services or contents.

You must refrain from reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, deleting, circumventing or manipulating copyright and other data identifying the rights of our company and third parties represented herein. Furthermore, you must not use the contents of, or information obtained through, this website to send advertising, communications for the purpose of direct sales or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, and you must refrain from marketing or disclosing such information in any way.

About user comments: Please note that comments made voluntarily by users on the different sections of our website are not private personal data but rather public data. These comments become the property of our entity and may be kept or deleted at the administrator’s discretion.

In all other applicable laws, this section shall be governed by the information section contained in this website’s legal notice/privacy policy.

The Owner is the legitimate owner or licensee, with the exception of those registered in the name of its collaborators or other companies advertised on this website, which will in this case be registered in the name of the corresponding companies, and the Owner is not responsible for their legal or registration status. The Owner offers no guarantee as to the lawfulness and legality of the information or the elements contained in the pages of this website when they are not owned by the Owner or the companies in its group.

The Owner rejects any liability arising from the erroneous use of the website’s contents or interpretation thereof and reserves the right to update its content at any time; to delete all or part of whatever it deems appropriate; and to limit or prevent access temporarily or permanently. Persons other than the Owner or personnel authorised by the Owner are not permitted to modify the website or its content. Access to this website and use of the information it contains is the sole responsibility of the User. The Owner does not guarantee that the website or server are free from computer viruses and accepts no responsibility for any damage that may be caused by accessing the website or due to the impossibility of accessing it, or for any possible security failures that may occur due to the use of non-updated browser versions, or for any consequences arising from the browser malfunctioning or due to a fraudulent action by the User and/or to force majeure causes (operators and service companies, lack of access to third party networks, hacker attacks, failures caused by natural phenomena, etc.). The User is responsible for having adequate tools available to detect and disinfect harmful computer programs. The Owner is not responsible for the information contained in links to third parties that appear on this website nor for their contents or errors.

Our entity will not be held responsible for the information, products or services offered by third-party sites which the User can access through links on this site. This responsibility and veracity falls to the owners of the site to which it belongs, as well as any damages that may be caused by the use or contracting or purchase of services or products that may be offered by these sites, as well as any possible indemnities, where appropriate, or rights inherent in the contracting or purchase. Our company cannot and does not guarantee that links to other sites are accurate at the time of access, nor that these sites are operational, and our company is under no obligation to update them.

We are only responsible for links that lead to separate pages within the site or subdomains within the main domain.

The Owner shall not be liable for damages of any kind that may arise due to the lack of availability or continuity of the operation of the website and services, and specifically, but not exclusively, to failures in accessing the different webpages or those from which the services are provided.

The Owner does not guarantee or assume any responsibility for damages of any kind that may be due to (a) the operation, availability, accessibility or continuity of the linked sites; (b) the maintenance of services, contents, information, data, files, products and any kind of material existing in the linked sites; (c) the provision or transmission of services, contents, information, data, files, products and any kind of material existing in the linked sites; (c) the provision or transmission of the services, contents, information, data, files, products and any kind of material on the linked sites; (d) the quality, legality, reliability and usefulness of the services, contents, information, data, files, products and any kind of material on the linked sites.

The Owner may at any time modify the present terms and conditions or add new terms and conditions of use, by communicating this on the website.

In the event of any regulatory action, legal or regulatory measure which, in the reasonable opinion of the Owner, prohibits, substantially restricts or makes commercially unviable the provision of the service, the Owner shall be entitled to: (i) modify the service or the terms and conditions of these terms and conditions in order to adapt to the new situation, (ii) terminate these terms and conditions. The Owner shall be exempt from any liability arising from the actions described in this clause, provided that it publishes the modifications on its website.

Spanish legislation shall apply for any litigation or action concerning this website, and the Courts and Tribunals of the town and/or province where the “Owner” is registered shall be competent for the resolution of all disputes arising from or related to the use of this website.

Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights and the LSSI-CE 34/2002, of 11 July, on the Information Society and Electronic Commerce, you are informed that personal data provided to us via the forms accessible on this website may be included in one or more files, which provide for the proper conditions to guarantee the security of the data and avoid its alteration, loss, unauthorised access or processing, according to our activity registration document.

• RESPONSIBILITY

María Luisa López Ávila is responsible for processing.

• PURPOSE

This data may be processed and used for activities inherent to the corporate purpose of the “Site Owner” or to our commercial activity or operations, in particular those relating to marketing products and services, processing files and sending information or warning notifications. Your data will not be used for any purpose other than that requested.

• DATA COLLECTION

Your data will be collected in this way via the different forms you voluntarily use to register, and when you accept the different legal notices and consent notices.

• THE DATA WE PROCESS ON YOU

User-supplied information: Whenever you provide information through websites, the Owner may obtain and collect the personally identifiable information you provide, including (but not limited to) your name, email address, postal address, tax identification number, credit card information, and telephone numbers. In certain Personal Information sections we may ask you to provide us with information including (but not limited to) your gender, date of birth, marital status and level of education. If you choose to access one of our websites and use our services or purchase our products, we may require you to provide us with personal information in the various forms on the sites.

The Owner may collect information about you when you voluntarily participate in an owner survey, fill out a mailing sheet or registration page online or offline by providing such information by post, in person or by telephone. This information may be collected by what we generally refer to as surveys, including in the form of mailing sheets or registration pages from third parties. In such surveys, the Owner or third parties may ask you to provide personally identifiable information including your name, email address, postal address, postcode, telephone numbers, date of birth, gender, salary, education, marital status, occupation, tax identification number, employment information, personal interests and other information that may occasionally be requested. The Owner may also collect this information about you from other sources and may use such information in conjunction with data from websites. Answering or completing survey forms is entirely voluntary, and you are under no obligation to provide any information to the Owner or a third party in these surveys. The data to which we refer will never be other than that established in the Organic Law.

If, over time, you request other services or products that require additional data, these will be requested personally or electronically, you will be free to provide them and they will be subject to the same security measures as the data previously provided; you may also exercise your rights under this Law on the data provided in the second instance.

• RECIPIENTS

We guarantee that your personal data will only be communicated to third parties in order to comply with the law in force, to achieve the purpose you requested through collaborators or companies necessary to carry out the services you applied for via this website. These third parties will not process your data for their own purposes which have not been previously notified by us.

• DATA RETENTION

Your data will be kept for as long as required for the purpose for which they have been collected. When they are no longer necessary for that purpose, the data required to comply with the law inherent to the purpose or to resolve disputes with other parties will be kept for three years for requests for information and quotations and the time required by current law for binding contracts and accounting documents that may be produced. After these legal deadlines, the appropriate measures will be taken for their destruction, as required by the data protection law in force. This is without prejudice to the fact that this period may be extended if you expressly consent to this or if there are particular processing operations arising from the contractual relationship that continue to apply after this period has expired.

• LEGITIMACY AND ORIGIN OF THE DATA

This is based on the mere request, on the part of the data subject, for any kind of information or the formalisation of the commercial relationship to purchase products and/or services, to execute a contract or subscribe to receive commercial communications or reports of interest requested by you.

In the event that the data provided refers to natural persons other than the applicant, the latter shall state that he/she has informed them and obtained their prior consent to process their data in accordance with the purposes set out in these clauses. In the specific case of minors, if the applicant is not the legal representative of the minor, he/she undertakes to obtain the latter’s express consent.

• RIGHTS

You, as the customer/user of the data, may exercise your rights of access, rectification, deletion, opposition, restriction of processing and the portability of your personal data, or withdraw the consent previously given, by writing to margara@margara.es or MARGARA, C/ Dimas Madariaga 27, 2º B.- Código Postal 37005 Salamanca, enclosing a copy of your National Identity Document and informing us of the right you wish to exercise.

• RIGHT OF ACCESS

You have the right to be informed by María Luisa López Ávila about whether or not she is processing your personal data and, if so, to have access to such data and to receive information on the purposes for which they are processed, the categories of data affected by the processing, the recipients your personal data were communicated to and the time limit of this data retention, among other information.

• RIGHT OF RECTIFICATION AND ERASURE

You have the right to request the deletion of personal data, provided that the applicable legal requirements are met, and the rectification of inaccurate data about you when, among other reasons, they are no longer necessary for the purposes for which they were collected.

• RESTRICTION OF PROCESSING, REVOCATION OF CONSENT AND TOTAL OR PARTIAL OBJECTION TO PROCESSING

You may request the restriction of the processing of your personal data. There are certain occasions when the applicant can, for example, contest the accuracy of his/her data and while the accuracy of the data is being verified, the data will only be processed for the exercise or defence of claims. You also have the right to revoke the consent given and to object to the processing at any time, on grounds relating to your specific situation, if the processing is based on our legitimate interest or on the legitimate interest of a third party. In this case, María Luisa López Ávila will cease processing, unless legitimate reasons can be demonstrated.

• PORTABILITY OF YOUR DATA

You have the right to receive the personal data you have provided to María Luisa López Ávila in a structured form, in a commonly-used and machine-readable format, and to be able to transmit these to another data controller without being prevented from doing so by the data controller to whom you have provided them, in the cases legally foreseen for this purpose.

• AUTOMATED INDIVIDUAL DECISIONS

Similarly, in the event of automated decisions including profiling, you have the right to obtain human intervention by María Luisa López Ávila and to express your point of view and challenge the decision by emailing margara@margara.es.

• USER GUARANTEES

The User guarantees that the information provided through this website is accurate and will update the information provided so that it corresponds to their current situation, being solely responsible for any false or inaccurate data; in the same way, for this reason, the User will be solely responsible for any damage caused to www.margara.es or third parties.

Likewise, in accordance with Law 34/2002 on Information Society Services and Electronic Commerce, you give your express consent to receive commercial communications by email, and may revoke this at any time by sending an email with the subject “Unsubscribe” to margara@margara.es.

• NOTIFICATION OF CHANGES

If in the future there are changes to our privacy practices and/or policy that may affect your personally identifiable information, we will communicate these changes by posting a notice on this website.

Likewise, as a User, you must notify us of any modifications to the data you have provided us with, being responsible in any case for the truthfulness and accuracy of these data at all times.

• DATA PROTECTION SECURITY MEASURES

Your data will be treated confidentially, adhering to the mandatory duty of secrecy with respect to this data, in accordance with the provisions of current legislation, for which we have adopted the necessary technical and organisational measures to ensure the security of your data and prevent their alteration, loss, unauthorised processing or access. Given the state of technology, the nature of the data stored and the risks to which they are exposed, in the event of theft, attack or other violations, you and the competent body will be informed within 72 hours of the event.

• DATA PROTECTION OFFICER (DPD)

Our entity resolves not to appoint a DPD as we consider that your rights will be duly addressed by the protocols we have adopted in our Activity Register document. Any complaint or queries regarding your data will be handled in one month, in accordance with the deadline established by law. Our entity is not obliged to do so as it does not fall within the cases provided for in art. 37.1 of the GDPR 2016/679 or those named as entities obliged to appoint one in art. 34.1 of the LOPDGDD 3/2018, of 5 December.

• CONTACT WITH OUR ORGANISATION

The data you provide us with via the email address that appears as a contact address on the website or the contact telephone numbers will be used to contact you and resolve any issues you raise with us; they will under no circumstances be used for other purposes, unless you give us prior authorisation to do so. They will subsequently be deleted from our database.

• SUPERVISORY AUTHORITY

You have the right to submit a query or complaint to the relevant supervisory authority, at state level this corresponds to the Spanish Data Protection Agency (AEPD) C/ Jorge Juan Nº6, 28001, Madrid (912663517, www.agpd.es). If your Autonomous Community has created its own Agency in this respect, you may exercise your right before it.

The Owner, following regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons, and further to that stated in the following articles:

Article 8: Conditions for children’s consent to Information Society services:

1. Where Article 6(1)(a) applies (the data subject consented to the processing of his/her personal data for one or more specified purposes), in relation to the direct offering of information society services to children, the processing of a child’s personal data shall be considered lawful where the child is at least 16 years old. If the child is under 16 years of age, such processing shall only be lawful if and only to the extent that consent was given or authorised by the holder of parental authority over the child. Member States may provide for a lower age for such purposes by law, as long as this lower age is not less than 13 years old. 2. In such cases, the controller shall make reasonable efforts to verify that consent was given or authorised by the holder of parental responsibility or guardianship over the child, taking available technology into account. Paragraph 1 shall not affect the general provisions of contract law in the Member States, such as rules relating to the validity, formation or effects of contracts in relation to a child.

In Spain, according to Article 7, Consent of minors of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights. 1. The processing of a minor’s personal data may only be based on his/her consent when he/she is over fourteen years of age.

Therefore, to access offers or surveys sponsored or solicited by the Owner or any third party, you must be at least 14 years of age, except when it is indicated that you must be of legal age to participate in or take advantage of such promotions. The Owner will never knowingly collect any information from persons under the age of 18 where such status is requested or from persons under the age of 14 where this is not required under applicable law. If the Owner discovers that it has collected personal information about a person under the age of 18 (or 14 as the case may be), such information will be immediately deleted from the database and any possible participation in or benefit from the promotions will be cancelled for all purposes. If you were sent the accreditive document to benefit from of any of the promotions where the condition is to be over 18 years and the age is checked and turns out to be lower, the document and the promotion will be instantly void, if the minor can justify the amount that may have been paid, the money is to be returned excluding the expenses that may have been caused by the act of falsifying data.