GENERAL CONDITIONS BUSCABUCEO

1. AREA OF APPLICATION AND CONDITION OF USER

1.1. www.buscabuceo.es, www.buscabuceo.es and www.buscabuceo.net is a web portal property of ALMENA CREATIVIDAD, S.L.U., (hereinafter ALMENA CREATIVIDAD) with Registered office in: C/Girona, 9 · 5 Plant Of.B CP01010 VITORIA-GASTEIZ in SPAIN and whose CIF is B-01322486, registered in the commercial register of Alava, Tomo 1001, Folio 39, Hoja VI-8245

1.2. This legal notice constitutes the general conditions (hereinafter "general conditions") that regulate the access and use of the website BUSCABUCEO.COM, BUSCABUCEO.ES and BUSCABUCEO.NET (hereinafter BUSCABUCEO or Website), as well as the responsibilities derived from the fraudulent use of its contents (hereinafter "content" means texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property).

1.3. The use of BUSCABUCEO by the User implies the full and unreserved acceptance of each and every one of these General Conditions.

1.4. The navigation through some pages of this portal implies the acceptance of the particular conditions that regulate the use and / or contracting of specific services offered to the Users through BUSCABUCEO, that will be duly warned to the user prior to its use.

1.5. ALMENA CREATIVIDAD will enable third parties to advertise or provide their services in BUSCABUCEO, warning the user of this fact in advance, in this case ALMENA CREATIVIDAD will not be responsible for irregularities that occur as a result of the use of said services, user based on the particular conditions established by the service provider.

1.6. Before using and / or contracting such specific services provided by ALMENA CREATIVIDAD or third entities authorized, the User must read carefully the corresponding particular conditions. The use and / or contracting of these specific services implies the acceptance of the particular conditions that regulate them in the version published in BUSCABUCEO at the time of such use and / or contracting.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

2.1. ALMENA CREATIVIDAD holds the rights of exploitation of intellectual and industrial property and image of all the contents available through BUSCABUCEO, both the design and the assembly of the website.

2.2. ALMENA CREATIVIDAD forbids expressly modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat or distribute in any form all or part of the contents included in BUSCABUCEO for public or commercial purposes, without the express prior written authorization of ALMENA CREATIVIDAD or, as the case may be, the owner of the rights to which it corresponds. Any violation of the provisions of this paragraph will be considered as an infringement of the intellectual property rights owned by ALMENA CREATIVIDAD, giving rise to legally established responsibilities.

2.3. ALMENA CREATIVIDAD It owns and owns the trademarks "BuscaBuceo" and "BuscaBuceo.com" as well as other trademarks or registered trademarks.

3. ACCESS TO THE WEBSITE

3.1. Users will be able to access BUSCABUCEO in a free and free way. However, some of the services and content offered by ALMENA CREATIVIDAD or third parties through BUSCABUCEO may be conditioned to the registration as a User and / or to the previous contracting of the service or product.

3.2. In order to be able to visit, interact with or access BUSCABUCEO and / or employ or contract any product and service offered in said Website, the User must be of legal age or have the consent of his parents, tutors or legal representatives, which will be considered as responsible for the acts carried out by minors under their care, in accordance with current legislation.

4 Personal data protection policy

In compliance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016 (hereinafter RGPD), Almena Creatividad, S.L.U. (hereinafter BuscaBuceo) makes clear this Policy regarding the treatment and protection of personal data.

4.1 Responsible for the processing of your data

ALMENA CREATIVIDAD, S.L.U.

CIF: B-01322486

Registered office: C/Girona, 9 · 5 Plant Of.B CP01010 VITORIA-GASTEIZ (SPAIN)

Contact information of the Data Protection Delegate: delegadopd@buscabuceo.com

4.2 Scope of the present policy

Application to:

Those who visit the website of BuscaBuceo, www.buscabuceo.com, www.buscabuceo.es or www.buscabuceo.net (hereinafter, in any reference to it will also be understood in English or other languages present)

To those who voluntarily communicate with BuscaBuceo through email, or who complete any of the data collection forms published on the website of Almena Creatividad.

To those who formalize a contractual relationship with BuscaBuceo through user registration or the hiring of a product and services.

To those who use any other service present on the website that involves the communication of data to BuscaBuceo, the access to data by BuscaBuceo for the provision of its services or the use of internal messaging with other users.

Any others who, directly or indirectly, have given their express consent for their data to be treated by BuscaBuceo for any of the purposes set out in this Policy ..

Registration as users and/or advertisers and the use of services as a registered user and / or advertiser of BuscaBuceo requires express acceptance of this Policy.

BuscaBuceo warns that, except for the existence of a legally constituted representation, no user and/or client can use the identity of another person and communicate their personal data, so the data you provide to BuscaBuceo must be personal data, corresponding to their own identity, adequate, relevant, current, accurate and true. In this sense, the user and/or customer will be solely responsible for any direct or indirect damage caused to third parties or to BuscaBuceo for the use of data of another person or their own data when they are false, erroneous, not current, inappropriate or not relevant. Likewise, the user and / or client who communicates the personal data of a third party will be responsible for having obtained the corresponding authorization from the interested party, as well as its consequences otherwise.

The user and/or client that communicates personal data to BuscaBuceo declares to be of legal age, in accordance with the provisions of Spanish legislation, refraining from providing data to BuscaBuceo. Any information provided about a minor will require the consent or prior authorization of their parents, guardians or legal representatives, who will be held responsible for the data provided by the minors under their care.

This Policy will be of subsidiary application with respect to those other conditions that on personal data protection are established with special character and are communicated, without limitation, through the registration forms, contracts and/or conditions of the particular services, therefore this Policy is complementary to those mentioned in that not expressly provided in them.

4.3 Purposes of the collection and processing of your personal data

BuscaBuceo, in its capacity as responsible for the treatment, informs users of the existence of various treatments and files in which personal data communicated to Almena Creatividad is collected and stored.

The purposes of said collection and processing of personal data are the following:

Create a user account at the time of registration, which is necessary for you to manage your publications and the messages you receive from other users. Thus, at the time of registration we will automatically create a user account and send you a confirmation email with instructions so you can access your account. Your user account will be activated only if you activate it from the email we send you, if not, all your data will be deleted 30 days after registration. From your user panel you can manage and configure your privacy options.

Manage our services, including reminders, technical notices, messages from other users, updates, security alerts, support messages, and other important communications.

Provide the messaging service between users and facilitate communication between them; The messages are reviewed by an automatic process. We do this to prevent fraud or abusive or inappropriate use of messages between users. If we detect a suspicious or illegal activity or behavior, our security team can review the messages sent and received. In the same way, we can access the messages sent and received to improve and develop our services.

To receive the newsletter you must activate it from your control panel, otherwise we will not send you any news.

In relation to the "cookies" that BuscaBuceo uses in the navigation through its website, they are stored in the user's terminal equipment (computer or mobile device) and collect information when visiting said web pages, in order to improve the usability of the same, know the habits or browsing needs of users to be able to adapt to them, as well as obtain information for statistical purposes. In the case of those users who are already users of BuscaBuceo, the information collected with the cookies will also be used to identify them when accessing the different services that BuscaBuceo makes available to them for their management. In any case, users can configure their browser, so that it disables or blocks the reception of all or some of the cookies. The fact of not wishing to receive these cookies, does not constitute an impediment to be able to access the information of BuscaBuceo although the use of some services may be limited. If once consent has been granted for the reception of cookies, it is desired to remove this, those stored in the user's equipment should be eliminated, through the options of the different browsers.

The information on the cookies used by BuscaBuceo, is published in its Cookies Policy, available for consultation at https://www.buscabuceo.com/en/cookies

In the case of sending an email to BuscaBuceo or a communication of personal data through any other means, such as a contact form, the purpose of the collection and processing of said data by BuscaBuceo it is the attention of the consultations and requests of information that are raised on the products and services of BuscaBuceo.

In the case of BuscaBuceo forms that interested parties complete to participate in any of the commercial actions of BuscaBuceo, the purpose will be to enable such participation, as well as the sending of commercial and advertising communications about the services of BuscaBuceo, except that the interested party expressly expresses his opposition at the same moment of the collection of his data. Notwithstanding the above, the interested party may modify his decision at any time, as many times as he wishes, through the means provided by BuscaBuceo for that purpose.

In the user record, only those personal data necessary to establish the contractual relationship and enable the provision of services will be collected, said data being collected and treated with the following purposes:

Create a user profile in which he can omit his personal data from his control panel.

The maintenance of the contractual relationship established with the user and/or client, in accordance with the nature and characteristics of the contracted services, contacting BuscaBuceo with the user and / or client through the e-mail address, telephone or other means indicated by the latter.

In compliance with the provisions of Law 25/2007, of 18 October, on the preservation of data relating to electronic communications and public communications networks, BuscaBuceo informs the user that it will proceed to retain and preserve certain data of traffic generated during the development of the communications, as well as, where appropriate, to communicate said data to the competent bodies provided that the legal circumstances provided for in said Act concur.

4.4 Data storage period

BuscaBuceo will keep the personal data for the time strictly necessary for the fulfillment of the previously detailed purposes. BuscaBuceo may keep these data duly blocked during the period in which responsibilities of its relationship with the user could be derived.

In the case of the data subject to conservation under Law 25/2007, of October 18, on the conservation of data related to electronic communications and public communication networks.

Whether you are a registered user or you are an advertiser, your data will be kept for the duration of the contractual and commercial relationship with us, request its deletion, as well as the time necessary to comply with legal obligations.

To delete all your data you will only have to unsubscribe your user profile and this way all your personal data, your publications and messages will be deleted.

Regardless of whether you are an advertiser or a user, your browsing data will be kept for a maximum period of 12 months.

4.5 Recipients of your personal data

The recipients of the personal data collected by BuscaBuceo will be the following:

BuscaBuceo's own employees in the performance of their duties.

The judicial or administrative bodies, as well as the State Security Forces and Corps, in the event that BuscaBuceo was required in accordance with current legislation to provide information related to its users and / or clients and its services.

In order to provide our services in an appropriate way, we use service providers that must access your personal data. We have data processing agreements to ensure that they will be treated properly and in a totally secure manner.

4.6 Social networks

We integrate Facebook, Google +, Twitter, LinkedIn and WhatsApp to make it easier for you to share content on your networks. Keep in mind that when you share our content on social networks, these services can capture what you post and from where. Likewise, we share user posts in social networks to reach more people, but without sharing any personal information.

4.7 Users' rights and exercise thereof

Users may exercise at any time the following rights recognized by the RGPD:

Right of access. Users have the right to obtain from BuscaBuceo information about whether they are treating personal data that concerns them, to access them and to obtain information about the treatment performed.

Right to obtain a copy of your personal data.

Right of rectification. Users have the right to BuscaBuceo rectify their personal data in the case that they were inaccurate or incomplete.

Right of suppression. Users have the right to proceed to the deletion of the data when these are no longer necessary for the purpose for which they were provided or when the other circumstances provided by law are present.

Right to limitation of treatment. Users have the right to request a limitation in the processing of their personal data, so that they do not apply to them the treatment operations that should correspond in each case, in those cases provided for in art. 18 of the RGPD.

Right to portability. The users have the right to receive the personal data that concern them in a structured format, as long as said data are exclusively for the user and have been provided by the latter.

Users can exercise these rights in the following ways:

If they are users of BuscaBuceo, users can check their personal data at any time through the "My data" section in the User Area, which is authenticated accessed from https://www.buscabuceo.com/es/access You can also send a message through the "Contact" section of this address, indicating the right you wish to exercise.

Whether they are users of BuscaBuceo or not, users can exercise their rights by sending a communication by e-mail to the address info@buscabuceo.com or by sending a request accompanied by your D.N.I. or valid document in law that proves your identity, addressed to Almena Creatividad, S.L.U. C/Girona, 9 · 5 Plant Of.B CP01010 VITORIA-GASTEIZ (SPAIN), to the attention of the Commercial Information Department, specifying the right they wish to exercise.

In cases of manifestly unfounded or excessive requests for their repetitive nature, Almena Creatividad reserves the right to charge a fee for the administrative costs derived or the right to refuse to act on them, as established in art. 12.5 RGPD.

4.8 Important

This document has been translated from the original in Spanish, in case there could be mistakes in the translation the document that will prevail will always be in Spanish (https://www.buscabuceo.com/es/politica-privacidad)

5. USING THE WEBSITE

5.1. The contents included in BUSCABUCEO are only available to consumers or end users. Any unauthorized commercial use of them is prohibited.

5.2. If, as a consequence of the registration, the User is given a password, he / she agrees to make diligent use and keep the password secret to access these services. The User shall be responsible for the illicit use of the services by any illegitimate third party that uses a password for that purpose due to a non-diligent use or loss of the same by the User.

5.3. By accepting these General Conditions, the User undertakes to not to supplant the personality of a third person. BUSCABUCEO in no case will be responsible for damages of any nature that may be due to the phishing of a third party on its Website

5.4. The access, navigation and use of BUSCABUCEO is the responsibility of the User, so that the User undertakes to diligently and faithfully observe any additional instructions provided by ALMENA CREATIVIDAD or by authorized ALMENA CREATIVITY personnel regarding the use of BUSCABUCEO and its contents.

5.5. So, the User agrees to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from: (i) using the content for purposes or effects contrary to law, morality and good generally accepted customs or public order; (ii) reproduce or copy, distribute, permit public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or is legally permitted; (iii) to use the contents and, in particular, the information of any kind obtained through the page or the services to send advertising, communications for the purpose of direct sale or any other kind of commercial purpose, unsolicited messages directed to a plurality of persons irrespective of their purpose, as well as to refrain from marketing or otherwise disclosing such information.

5.6. The User agrees to maintain an educated dialogue and not to use a bad language, both in public and private comments. If not, BUSCABUCEO reserves the right to terminate the user immediately, either for this behavior or for entering into direct conflict with other users, or cause disputes that interfere with the proper use of the portal.

5.7. The User may find links within BUSCABUCEO to denounce inappropriate behavior, may also be sent from the CONTACT section, taking ALMENA CREATIVIDAD the measures that it deems convenient to remove users who maintain such behavior, or send misleading information in a premeditated way.

5.8. The User agrees not to use advertising in private messages or public comments, this being a reason for low in BUSCABUCEO.

6. CONTENTS OF THIRD PARTIES IN BUSCABUCEO

6.1. In the event that the User sends information of any kind to BUSCABUCEO (texts, photographs, etc.), it declares, guarantees and accepts that it has the right to do so freely, that said information does not infringe any intellectual, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties.

6.2. The User acknowledges to assume responsibility and will unscathed ALMENA CREATIVIDAD by any communication that it provides personally, reaching that responsibility without any restriction the accuracy, legality, originality and ownership of the same.

6.3. In case the User chooses to publish and / or send any type of Content to be included in BUSCABUCEO and / or sends material that consists of photos, texts, videos, etc. or other graphs that are also published in BUSCABUCEO, the User agrees to assign to BUSCABUCEO in a revocable, non-exclusive and indefinite manner and until instruction against the User himself, the right to use, reproduce, modify, adapt, publication, translation of said Content in the context of the BUSCABUCEO Web Site, as well as to use such material in advertising promotions on the website or other advertising media and social networks, in order to promote BUSCABUCEO.

6.4. Although BUSCABUCEO does not carry out previous checks or inspections of the Content, it will have at its discretion the right (but not the obligation) of, at any time and without previous notification to the Users, review, refuse, remove, modify, replace and / or move any Content that is available on the Website and may suspend access to any service to the User for such reason. The same faculty and right will have BUSCABUCEO to remove any Content that violates the User Agreement or that otherwise means or imply an objection and / or contradiction to it.

6.5. The User undertakes to insert truthful content (to his knowledge), being the responsibility of this the truth of this information, with which BUSCABUCEO is not responsible for the facts derived from these errors in the contents or the lack of information on the part of the User.

6.6. BUSCABUCEO can not verify the veracity of the information provided by the Users, in addition to this and due to the possible subjectivity of such information, BUSCABUCEO advises that common sense and the advice of professionals be used to be able to check this information before using it, and due to this, both ALMENA CREATIVIDAD and the user providing the information are exempt from any responsibility derived from the use or misuse of the information existing in BUSCABUCEO.

7. DISCLAIMER OF WARRANTIES AND LIABILITIES

7.1. ALMENA CREATIVIDAD does not guarantee the licitude, reliability, usefulness, truthfulness or accuracy of the services or information that are provided through BUSCABUCEO.

Regarding the information collected in BUSCABUCEO, ALMENA CREATIVIDAD warns that this information comes directly from the users and / or advertising companies, who are therefore responsible for their truthfulness and its consequences for the lack of this.
The prices and other information published in BUSCABUCEO do not constitute a contractual offer, and are published for informational purposes only.

The information published on the web site does not constitute a contractual document.

7.2. Consequently, ALMENA CREATIVIDAD neither guarantees nor is responsible for: (I) the continuity of the contents of BUSCABUCEO; (II) the absence of errors in said contents or the correction of any defects that may occur; (III) the absence of viruses and / or other harmful components in BUSCABUCEO or the server that supplies it; (IV) the invulnerability of BUSCABUCEO and / or the impregnability of the security measures adopted therein; (V) the lack of utility or performance of the contents of BUSCABUCEO; (VI) any damages caused, to himself or a third party, any person who violates the conditions, rules and instructions that ALMENA CREATIVIDAD establishes in BUSCABUCEO or through the violation of the BUSCABUCEO security systems.

However, ALMENA CREATIVIDAD states that it has taken all necessary measures, within its possibilities and the state of the technology, to guarantee the operation of BUSCABUCEO and to prevent the existence and transmission of viruses and other harmful components to the Users.

8. LINKS

Links to other Websites

8.1. In BUSCABUCEO, the User can find links to other web pages through different buttons, links, banners, etc. ALMENA CREATIVIDAD does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links are established from BUSCABUCEO. Consequently, ALMENA CREATIVIDAD can not assume any responsibility for any aspect related to the webpage to which a link is established from BUSCABUCEO, specifically, by way of enunciation and non-taxactive, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

8.2. The establishment of any type of link by BUSCABUCEO to another third party website does not imply that there is any kind of relationship, collaboration or dependency between ALMENA CREATIVIDAD and the person responsible for the third party website.

Links on other websites to BUSCABUCEO

8.3. If any User, entity or website wishes to establish any type of link to BUSCABUCEO, it must comply with the following provisions:
- The link can only be directed to the Main Page or Home of BUSCABUCEO, unless express authorization and in writing of ALMENA CREATIVITY
- The link must be free, absolute and complete, that is, it must take the User, by a click, to the URL of ALMENA CREATIVIDAD http://www.buscabuceo.com, http://www.buscabuceo.es and http://www.buscabuceo.net and must completely cover the entire screen extension of the BUSCABUCEO Main Page. In no case, unless ALMENA CREATIVIDAD authorizes it expressly and in writing, the website that makes the link may reproduce in any way BUSCABUCEO, include it as part of its website or within one of its frames or create a "browser" on any of the BUSCABUCEO pages.

8.4. ALMENA CREATIVIDAD does not have the power and the human and technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to BUSCABUCEO. ALMENA CREATIVIDAD does not assume any responsibility for any aspect related to BUSCABUCEO that establishes that link to BUSCABUCEO, specifically, by way of enunciation and non-taxactive, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

Services provided by third parties through BUSCABUCEO

8.5. ALMENA CREATIVIDAD does not guarantee the lawfulness, reliability and usefulness of the services rendered by third parties through this page or on which ALMENA CREATIVIDAD only acts as half advertising channel.

8.6. ALMENA CREATIVIDAD shall not be liable for damages and losses of any nature caused by the services provided by third parties through this page, and in particular, by way of example, those caused by: (I) non-compliance with law, morality or public order; (Ii) the incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment; (III) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind; (Iv) the performance of acts that constitute illicit, misleading or disloyal advertising and, in general, that constitute unfair competition; the lack of veracity, accuracy, quality, relevance and / or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible; (V) infringement of the rights to honor, to personal and family privacy and the image of persons or, in general, any type of rights of third parties, inadequacy for any kind of purpose and fraudulent expectations, or the vices and defects that could be generated in the third party relationship.

8.7. ALMENA CREATIVIDAD will only be responsible for its own services and contents directly originated by it.

9. DURATION AND MODIFICATION

9.1. ALMENA CREATIVIDAD may modify the terms and conditions stipulated herein, totally or partially, by publishing any changes in the same way that these general conditions appear.

9.2. The temporary validity of these general conditions therefore coincides with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will become effective.

9.3. Regardless of the provisions of the specific conditions, ALMENA CREATIVIDAD may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility of the User demanding any compensation.

10. GENERAL

10.1. In case of discrepancy between what is established in these general conditions and the particular conditions of each specific service, the provisions in the latter will prevail.

10.2. In the event that any provision or provisions of these general conditions are deemed void or unenforceable, wholly or in part, by any court, court or competent administrative body, said nullity or inapplication will not affect the other provisions of the general conditions nor the particular conditions of the different services of ALMENA CREATIVIDAD.

10.3. The non-performance or execution by ALMENA CREATIVIDAD of any right or provision contained in these general conditions will not constitute a waiver thereof, unless acknowledgment and agreement in writing by its part.

11. THE MAIN LANGUAGE AND ITS TRANSLATIONS

11.1. The MAIN LANGUAGE in BuscaBuceo is the SPANISH language, and both the web page and these "General Conditions" have been written in Spanish (Main Language), which is the one that will prevail over the rest of the languages in case of conflict, doubt or error in the interpretation of any term or content within BuscaBuceo.com in general, as well as in these General Conditions in particular.

11.2. BuscaBuceo has been translated into other languages in order to facilitate the user experience with other native languages, but always from Spanish as the language of origin, with which we are not responsible for the correct or incorrect translations, or that these translations could generate doubts or errors in the perfect interpretation of the content.

11.3. If you could observe any errors in the translations, please contact BuscaBuceo (through the contact tab), to correct this error as soon as possible, which we do not take responsibility for and we disclaim any responsibility about, because before any conflict the main language of BuscaBuceo is Spanish and it will always prevail over any other language contained in BuscaBuceo.com.

12. JURISDICTION

12.1. All the conditions established will be governed by Spanish Law. ALMENA CREATIVIDAD and the USER, expressly waiving any jurisdiction that may correspond to them, are submitted to the Courts and Courts of the city of Vitoria-Gasteiz in Spain, for any controversy that may arise from the provision of the services subject to these general conditions.

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