LEGAL NOTICE AND COOKIES

LEGAL NOTICE AND GENERAL CONDITIONS OF THE WEBSITE 

1. GENERAL INFORMATION

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

The ownership of this website, www.marthlion.com, (hereinafter, the website), belongs to: Martin NGUEMA MANSUELA, with NIF Y2424941L, and whose contact details are:

Address:

C/Berriozar – Pamplona, Spain

Website: www.marthlion.com

Contact telephone number: 0034 610 92 65 65

Email: Marthlionfashionsite21@gmail.com

 

Similarly, since the activity carried out by Marth Lion is a regulated activity, it is hereby stated that, as such, he holds the title of: 

HIGHER TECHNICIAN IN SALES AND COMMERCIAL SPACE MANAGEMENT 

1. GENERAL TERMS AND CONDITIONS OF USE

The subject of the conditions: The Website

The purpose of these General Terms of Use (hereinafter, Terms) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation structure; and all elements integrated into both the screen interfaces and the navigation structure (hereinafter, Content) and all online services or resources that may be offered to Users (hereinafter, Services).

Marthlion reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that Marthlion may, at any time, interrupt, disable, and/or cancel any of these elements integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except in relation to the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of some of the Website Content or Services may be done through prior subscription or registration by the User.

The User

Accessing, browsing and using the Website, as well as the spaces enabled to interact between Users, and between the User and marthlion, such as comments and/or blogging spaces, confers the status of User, and therefore, from the moment browsing begins on the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

Given the importance of the above, the User is advised to read them each time they visit the Website.

The Marthlion website provides a wide variety of information, services, and data. The user assumes responsibility for making proper use of the website. This responsibility extends to:

• Use of the information, content and/or services and data offered by Marthlion in a manner that is not contrary to these Terms, the Law, morality or public order, or that may in any other way imply harm to the rights of third parties or the proper functioning of the Website.
• The User is responsible for the accuracy and legality of the information provided in the forms provided by Marthlion for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Marthlion of any event that could lead to the misuse of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to usernames and/or passwords, in order to proceed with their immediate cancellation.

Marthlion reserves the right to remove any comments and contributions that violate the law, respect for human dignity, are discriminatory, xenophobic, racist, pornographic, spam, that threaten youth or childhood, public order or safety, or that, in its opinion, are not suitable for publication.

In any case, Marthlion will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Mere access to this Website does not imply the establishment of any type of commercial relationship between marthlion and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Marthlion Website is not directed at minors. Marthlion disclaims any liability for failure to comply with this requirement.

The Website is primarily intended for Users residing in Spain. Marthlion does not guarantee that the Website complies, either wholly or partially, with the laws of other countries. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they do so at their own risk and must ensure that such access and browsing complies with applicable local laws. Marthlion assumes no liability whatsoever arising from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

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

Marthlion does not guarantee that the content or software accessible through this Website is error-free or will not cause damage to the User's computer system (software and hardware). Under no circumstances will Marthlion be liable for any losses, damages, or harm of any kind arising from access to, browsing of, or use of the Website, including, but not limited to, damage to computer systems or damage caused by the introduction of viruses.

Marthlion is also not responsible for any damages that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for any outages, interruptions, or defects in telecommunications that may occur.

1. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Marthlion undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

This privacy policy complies with current Spanish and European regulations regarding the protection of personal data online. Specifically, it adheres to the following standards:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the data controller

The data controller for the personal data collected on Marthlion is: Martin Nguema Mansuela, with Tax Identification Number (NIF): Y2424941L (hereinafter, also referred to as the Data Controller). His contact details are as follows:

Address:     

C/Berriozar number 4, Pamplona -Spain     

Contact telephone number: 0034 610 92 65 65  

Website: www.marthlion.com

Email: Marthlionfashionsite21@gmail.com  

Contact phone number: 610 92 65 65  

Contact email: marthlionfashionsite21@gmail.com

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with data protection regulations to which Marthlion is subject. Users can contact the DPO appointed by the Data Controller using the following contact details: 610 92 65 65 

marthlionfashionsite21@gmail.com___.

Registration of Personal Data

In compliance with the GDPR and the Spanish Data Protection Act (LOPD-GDD), we inform you that the personal data collected by Marthlion through the forms on its website will be incorporated into and processed in our files in order to facilitate, expedite, and fulfill the commitments established between Marthlion and the User, or to maintain the relationship established through the forms completed by the User, or to respond to a request or inquiry from the User. Furthermore, in accordance with the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

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 GDPR:

• Principle of lawfulness, fairness and transparency: the User's consent will be required at all times after providing completely transparent information about the purposes for which personal data is collected.
• Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
• Principle of data minimization: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and always up-to-date.
• Principle of limitation of the storage period: personal data will only be kept in a form which permits identification of the User for no longer than is necessary for the purposes for which the personal data are processed.
• Principle of integrity and confidentiality: personal data will be processed in a way 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 by Marthlion are solely identification data. Under no circumstances are special categories of personal data processed, as defined in Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for processing personal data is consent. Marthlion undertakes to obtain the User's express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User has the right to withdraw their consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawing consent will not affect the use of the Website.

When 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 completing any of them is mandatory because they are essential for the correct execution of the operation carried out.

Purposes of the processing for which the personal data is intended

Personal data is collected and managed by Marthlion in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain 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 purposes such as personalization, operational and statistical analysis, and activities related to the corporate purpose of Marthlion, as well as for data extraction, storage and marketing studies to tailor the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

When personal data is obtained, the User will be informed about the specific purpose or purposes for which the personal data will be processed; that is, the use or uses that will be given to the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: ________, or until the User requests its deletion.

When personal data is obtained, the User will be informed about the period for which the personal data will be stored or, where that is not possible, the criteria used to determine that period.

Recipients of personal data

The User's personal data will be shared with the following recipients or categories of recipients:

________

If the Data Controller intends to transfer personal data to a third country or international organization, the User will be informed, at the time the personal data is obtained, about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In accordance with Articles 8 of the GDPR and 13 of the LOPD, only individuals aged 14 and over may lawfully consent to the processing of their personal data by Marthlion. For individuals under 14, parental or guardian consent is required for processing, and such processing will only be considered lawful to the extent that it has been authorized by the parents or guardians.

Privacy and security of personal data

Marthlion undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized disclosure of or access to such data.

However, because Marthlion cannot guarantee the impenetrability of the internet or the complete absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a personal data breach occurs that is likely to pose a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach is defined as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has rights over marthlion and may, therefore, exercise the following rights recognized in the GDPR against the Data Controller:

• Right of access : This is the User's right to obtain confirmation as to whether or not Marthlion is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Marthlion has carried out or carries out, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned regarding them.
• Right of rectification : This is the User's right to have their personal data modified if it is inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”) : This is the User’s right, unless otherwise provided by applicable law, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate ground for continuing it; the personal data has been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, must take reasonable steps to inform controllers processing the personal data of the data subject’s request for erasure of any links to that personal data.
• Right to restriction of processing : This is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to establish, exercise, or defend legal claims; and when the User has objected to the processing.
• Right to data portability : If the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit it to another data controller. Where technically feasible, the Data Controller will transmit the data directly to that other controller.
• Right to object : This is the User's right to prevent the processing of their personal data or to have the processing of said data by marthlion ceased.
• Right not to be subject to a decision based solely on automated processing , including profiling : This is the User's right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

Therefore, the User may exercise their rights by sending a written communication to the Data Controller with the reference "GDPR-www.marthlion.com", specifying:

• User's name, surname, and a copy of their national identity document (DNI). In cases where representation is permitted, the representative must also be identified by the same means, and the document proving their authority to represent the User must be provided. The photocopy of the DNI may be substituted by any other legally valid means of proving identity.
• Request with the specific reasons for the request or information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that proves the request being made.

This application and any other attached documents may be sent to the following address and/or email:

Postal address:     

C/Berriozar Bajo, Pamplona -Spain     

Contact telephone number: 0034 610 92 65 65  

Email: Marthlionfashionsite21@gmail.com  

Email: marthlionfashionsite21@gmail.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Marthlion, and which are therefore not operated by Marthlion. The owners of these websites will have their own data protection policies, and they themselves will be responsible, in each case, for their own files and their own privacy practices.

Complaints to the supervisory authority

If the User believes there is a problem or violation of current regulations regarding the processing of their personal data, they have the right to effective judicial remedy and to file a complaint with a supervisory authority, in particular, in the Member State of their habitual residence, place of work, or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

The User must have read and agreed to the terms and conditions regarding the protection of personal data contained in this Privacy Policy, and must also consent to the processing of their personal data so that the Data Controller can process it in the manner, for the periods, and for the purposes indicated. Use of the Website implies acceptance of its Privacy Policy.

Marthlion reserves the right to modify its Privacy Policy at its own discretion, or due to legislative, jurisprudential, or doctrinal changes by 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 24, 2021 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD)

COOKIES POLICY

Accessing this website may involve the use of cookies. Cookies are small pieces of information that are stored in the browser used by each user—on the different devices they may use to browse—so that the server remembers certain information that only the server that implemented it will subsequently read. Cookies facilitate browsing, make it more user-friendly, and do not harm the browsing device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during their visit to the Website in order to recognize them as a User, and personalize their experience and use of the Website, and can also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited immediately before and after. However, no cookie can access the User's telephone number or any other personal contact information. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be included in the Cookie file is for the User to personally provide that information to the server.

Cookies that allow for the identification of an individual are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this regard, the User's consent will be required for their use. This consent will be obtained through a genuine choice, offered by means of an affirmative and positive decision, prior to the initial processing, and will be revocable and documented.

First-party cookies

These are cookies that are sent to the User's computer or device and managed exclusively by Marthlion for the optimal functioning of the Website. The information collected is used to improve the quality of the Website and its Content, as well as the User's experience. These cookies allow the Website to recognize the User as a returning visitor and tailor the content to offer information that matches their preferences.

The entity(ies) responsible for providing cookies may transfer this information to third parties, provided that it is required by law or a third party processes this information for said entities.

Social media cookies

Marthlion incorporates social media plugins, which allow access to these platforms from the Website. For this reason, social media cookies may be stored in the User's browser. The owners of these social media platforms have their own data protection and cookie policies, and they are responsible for their own files and privacy practices. The User should refer to these policies to learn about these cookies and, where applicable, the processing of their personal data. For informational purposes only, the links to these privacy and/or cookie policies are provided below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

Users can disable, reject, and delete cookies—in whole or in part—installed on their device by configuring their browser (such as Chrome, Firefox, Safari, or Explorer). The procedures for rejecting and deleting cookies may differ from one internet browser to another. Therefore, users should consult the instructions provided by their specific internet browser. If a user rejects the use of cookies—in whole or in part—they may continue to use the Website, although their access to some of its features may be limited.

Changes to the Cookie Policy

The Website's Cookie Policy may change or be 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 why we use cookies.

LINKS POLICY

It is reported that the Marthlion 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 facilitate Users' search for and access to information available on the Internet, and should not be considered a suggestion, recommendation or invitation to visit them.

Marthlion does not offer or market, either directly or through third parties, the products and/or services available on these linked sites.

Likewise, it will not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites not owned by it that can be accessed through the links.

Marthlion 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.

Marthlion assumes no responsibility for any damages that may occur due to access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Marthlion and that are linked to this Website.

The User or third party who creates a hyperlink from a web page of another, different website to the Marthlion Website should know that:

Reproduction —in whole or in part— of any of the Website Content and/or Services is not permitted without the express authorization of marthlion.

No false, inaccurate or incorrect statements about the marthlion Website, or about its Content and/or Services, are permitted.

With the exception of the hyperlink, the website in which said hyperlink is established shall not contain any element from this Website that is protected as intellectual property under Spanish law, unless expressly authorized by marthlion.

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

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Marthlion, either directly or as an assignee, owns all intellectual and industrial property rights to the Website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). These are therefore works protected as intellectual property under Spanish law, and both Spanish and European Union regulations in this field, as well as international treaties on the subject to which Spain is a signatory, apply to them.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorization of marthlion.

The User agrees to respect Marthlion's intellectual and industrial property rights. The User may view the elements of the Website and even print, copy, and store them on their computer's hard drive or any other physical medium, provided it is exclusively for their personal use. However, the User may not delete, alter, or manipulate any protection device or security system installed on the Website.

If the User or a third party considers that any of the Website Content constitutes a violation of intellectual property rights, they must immediately notify marthlion through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Marthlion reserves the right to take any civil or criminal action it deems necessary for the misuse of the Website and Content, or for non-compliance with these Terms and Conditions.

The relationship between the User and marthlion will be governed by the laws in force and applicable in Spain. Any dispute arising in relation to the interpretation and/or application of these Terms and Conditions will be submitted to the ordinary courts of law, subject to the jurisdiction of the competent courts and tribunals.