INDEX OF CLAUSES
- Legal notice clause.
- Informative clause for privacy policy.
- Cookie policy clause
1. Legal Notice
In compliance with the duty of information contained in Article 10 of Law 34/2002 of July 11, Services Information Society and Electronic Commerce, we inform you that the Website and the Internet portal www.lamarabanda.com (hereinafter the “Web”) is owned by ONA BEACH CLUB SL, established in PL TRAJO DE GARBI S / N, in the town of VILANOVA I LA GELTRU, CP, 08800, in the province of BARCELONA with CIF B65760886. This legal notice regulates the conditions of use of the aforementioned Internet portal.
1.1. Applicable law and jurisdiction
In general the relationship between ONA BEACH CLUB SL and the users of its telematic services, present in the web, are subject to Spanish legislation and jurisdiction.
The parties expressly waive the jurisdiction that may correspond to them and expressly submit to the Courts and Tribunals of BARCELONA to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
1.2. User acceptance
This Legal Notice regulates the access and use of the website that ONA BEACH CLUB SL makes available to Internet users. A user is considered the person who accesses, browses, uses or participates in the services and activities of the website.
The user is informed and accepts that access to this website does not imply, in any way, the beginning of a business relationship with ONA BEACH CLUB SL.
The access and navigation on the website by the user implies acceptance of all of these Terms of Use. In case of disagreement with the conditions you should refrain from using the website.
1.3. Access to the web
Access to the website by users is free of charge. Some services may be subject to prior contracting of the service.
In case it is necessary for the user to provide personal data to access any of the services, the collection and processing of data will be carried out in accordance with current regulations, in particular with the RGPD. For more information, please see our privacy policy for the website www.lamarabanda.com.
1.4. Content and use
The visit to the website by the user must be done responsibly and in accordance with current legislation, good faith, this Legal Notice and respecting the rights of intellectual and industrial property owned by ONA BEACH CLUB SL or any other natural or legal persons.
The use of any of the contents of the website for purposes that are or may be unlawful is strictly prohibited, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented by ONA BEACH CLUB SL, to the website or its contents.
The owner of the website does not identify with the opinions expressed in it by its collaborators. The company reserves the right to make unannounced changes it deems appropriate in its Web, may change, delete or add content and services provided through the same as the way in which they are presented or located on their servers.
1.5. Intellectual and industrial property
The intellectual property rights of the content of the web pages, graphic design and codes are owned by ONA BEACH CLUB SL and, therefore, their reproduction, distribution, public communication, transformation or any other activity carried out with the contents of the website is prohibited, even if the sources are cited, unless with the express prior written consent of ONA BEACH CLUB SL. All trade names, trademarks or distinctive signs of any kind contained in the web pages of the company are the property of their owners and are protected by law.
ONA BEACH CLUB SL does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or any other property or right related to the website, and in no case shall it be understood that access and navigation of users implies a waiver, transfer, license or total or partial transfer of such rights by ONA BEACH CLUB SL.
Any use of such content not previously authorized by ONA BEACH CLUB SL will be considered a serious breach of the rights of intellectual or industrial property and will give rise to the legally established responsibilities. ONA BEACH CLUB SL reserves the right to exercise against the user the corresponding judicial and extrajudicial actions.
1.6. Liability and warranties
ONA BEACH CLUB SL declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the proper functioning of its website and the absence of viruses and harmful components. However, ONA BEACH CLUB SL can not be held responsible for the following situations which are listed by way of example, but not limited to:
- The continuity and availability of the Contents.
- The absence of errors in said Contents nor the correction of any defect that may occur.
- The absence of viruses and/or other harmful components.
- The damages caused by any person who violates the security systems of ONA BEACH CLUB SL.
- The use that users can make of the contents included on the website. Consequently, ONA BEACH CLUB SL does not guarantee that the use that users can make of the contents that may be included on the website, conform to this legal notice, nor that the use of the website is done diligently.
- The use by minors of the website or the sending of their personal data without the permission of their guardians, being the guardians responsible for their use of the Internet.
- The contents to which the user can access through unauthorized links or introduced by users through comments or similar tools.
- The introduction of erroneous data by the user or a third party.
ONA BEACH CLUB SL may suspend temporarily and without notice, access to the website for maintenance, repair, updating or improvement. However, whenever circumstances permit, ONA BEACH CLUB SL will inform the user, with sufficient notice, the expected date for the suspension of the contents.
Also, in accordance with Articles 11 and 16 of Law 34/2002 of July 11, 2002, of services of the information society and electronic commerce (LSSICE), ONA BEACH CLUB SL undertakes to remove or, where appropriate, block content that could affect or be contrary to current legislation, the rights of third parties or morality and public order.
1.7. Cookies
ONA BEACH CLUB SL uses cookies, in order to optimize and customize your navigation through the website. Cookies are physical files of information that are hosted on the user’s own terminal, the information collected through cookies is used to facilitate user navigation through the portal and optimize the browsing experience. The data collected through cookies may be shared with the creators of the same, but in no case the information obtained by them will be associated with personal data or data that can identify the user.
However, if you do not want cookies to be installed on your hard drive, you can configure your browser to prevent the installation of these files. For more information, please see our Cookie Policy
1.8. Links
The presence of links on the website of ONA BEACH CLUB SL to other Internet sites is for informational purposes only and in no way suggest, invite or recommend them. ONA BEACH CLUB SL will not assume responsibility for the contents of a link belonging to another website, nor guarantee the reliability, accuracy, comprehensiveness, accuracy, validity and technical availability.
In the event that other websites establish links to the website of ONA BEACH CLUB SL, it shall not be understood that ONA BEACH CLUB SL has authorized the link or the content of the website in which the link is contained, nor may be included on the page of the link inappropriate, defamatory, illegal, obscene or unlawful content, or other content that is contrary to the law.
ONA BEACH CLUB SL reserves the right to contact the owner of the website in which the link is established if it considers that the regulations are violated, as well as to exercise the corresponding judicial and extrajudicial actions.
1.9. Modification of conditions
ONA BEACH CLUB SL expressly reserves the right to modify unilaterally, in whole or in part, without prior notice, this Legal Notice. You acknowledge and agree that it is your responsibility to periodically review this Legal Notice.
2. Privacy Policy – English
2.1. Basic information on Data Protection.
Responsible: ONA BEACH CLUB SL. Purposes: Provision of online services. Management of web users. Commercial communications related to our services. Legitimation: Express consent and legitimate interest. Recipients: No data will be communicated to third parties, unless legally required. Rights: Access, rectify and delete data, as well as other rights, as explained in the information below.
In ONA BEACH CLUB SL we work to offer you through our products and services the best possible experience. In some cases, it is necessary to collect information to achieve this. We care about your privacy and we believe we should be transparent about it.
Therefore, and for the purposes of the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (hereinafter, “GDPR”) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and LAW 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), ONA BEACH CLUB SL informs the user that, as data controller, it will incorporate the personal data provided by users in an automated file.
Our commitment begins by explaining the following:
- Your data is collected to improve the user experience, according to your interests and needs.
- We are transparent about what data we collect about you and why we collect it.
- Our intention is to provide you with the best possible experience. Therefore, when we use your personal information, we will always do so in compliance with the regulations, and when necessary, we will ask for your consent.
- We understand that your data belongs to you. Therefore, if you decide not to authorize us to process it, you can ask us to stop processing it.
- Our priority is to ensure your security and to treat your data in accordance with European regulations.
If you would like more information about how your data is handled, please see the different sections of the privacy policy below:
2.2. Who is responsible for the processing of your personal data?
Identity: ONA BEACH CLUB SL
Registered Address: PL TRAJO DE GARBI S/N- VILANOVA I LA GELTRU – 08800 – BARCELONA
C.I.F. No.: B65760886
Email: lopd@ladaurada.es
ONA BEACH CLUB SL has appointed a Data Protection Officer or an internal contact person within its organization. If you wish to make a query in relation to the processing of your personal data, you can contact him by email lopd@ladauradabeachclub.com
2.3. What personal data do we collect?
The personal data that the user may provide:
- Name, address and date of birth.
- Telephone number and e-mail address.
- Information regarding payments and refunds.
- IP address, date and time you accessed our services, internet browser you use and data about the device’s operating system.
- Any other information or data you choose to share with us.
In some cases, it is mandatory to fill in the registration form to access and enjoy certain services offered on the web; likewise, not providing the requested personal data or not accepting this data protection policy means the impossibility to subscribe, register or participate in any of the promotions in which personal data are requested.
2.4. Why and for what purpose do we process your data?
At ONA BEACH CLUB SL we process the information provided by the interested parties for the following purposes:
- Manage orders or hire any of our services, either online or on site.
- Manage the delivery of the information requested.
- To develop commercial actions and perform the maintenance and management of the relationship with the user, as well as the management of the services offered through the website and information tasks, being able to perform automatic assessments, profiling and customer segmentation tasks in order to customize the treatment according to their characteristics and needs and improve the customer’s online experience.
- Develop and manage contests, sweepstakes or other promotional activities that may be organized.
- In some cases it will be necessary to provide information to the Authorities or third parties for auditing purposes, as well as to handle personal data from invoices, contracts and documents to respond to claims from customers or Public Administrations.
- We inform that the personal data obtained as a result of your registration as a user will be part of the Register of Activities and Processing Operations (RAT), which will be updated periodically in accordance with the provisions of the RGPD.
2.5. What is the legitimacy for the processing of your data?
The processing of your data may be based on the following legal bases:
- Consent of the interested party for the contracting of services and products, for contact forms, requests for information or registration in e-newsletters.
- Legitimate interest for the processing of our customers’ data in direct marketing actions and express consent of the data subject for all matters relating to automatic assessments and profiling.
- Compliance with legal obligations for fraud prevention, communication with public authorities and third party claims.
2.6. How long do we keep your data?
The processing of data for the purposes described above will be maintained for the time necessary to fulfill the purpose of collection (for example, for the duration of the business relationship), as well as for the fulfillment of legal obligations arising from the processing of the data.
2.7. To which recipients is your data communicated?
In some cases, only when necessary, ONA BEACH CLUB SL will provide user data to third parties. However, the data will never be sold to third parties. External service providers (e.g., payment providers or delivery companies) with whom ONA BEACH CLUB SL works may use the data to provide the corresponding services, however, they will not use such information for their own purposes or for transfer to third parties.
ONA BEACH CLUB SL seeks to ensure the security of personal data when it is sent outside the company and ensures that third party service providers respect confidentiality and have appropriate measures in place to protect personal data. These third parties have the obligation to ensure that the information is treated in accordance with data privacy regulations.
In some cases, the law may require disclosure of personal data to public bodies or other parties, only what is strictly necessary for the fulfillment of such legal obligations will be disclosed.
The personal data obtained may also be shared with other group companies.
2.8. Where is your data stored?
In general, data is stored within the EU. Data that is sent to third parties outside the EU, we will ensure that they offer a sufficient level of protection, because they have Binding Corporate Rules (BCR).
2.9. What rights do you have and how can you exercise them?
You may address your communications and exercise your rights by sending a request to the following e-mail address:
Under the provisions of the RGPD you can request:
- Right of access: you may request information about the personal data we have about you.
- Right of rectification: you can communicate any change in your personal data.
- Right of deletion and right to be forgotten: you can request the deletion of your personal data after it has been blocked.
- Right of limitation to the treatment: it supposes the restriction of the treatment of personal data.
- Right to object: you can withdraw your consent to the processing of your data by objecting to their further processing.
- Right to portability: in some cases, you may request a copy of personal data in a structured, commonly used, machine-readable format for transmission to another data controller.
- Right not to be subject to individualized decisions: you may request not to be subject to decisions based solely on automated processing, including profiling, that produce legal effects or significantly affect the data subject.
In some cases, your request may be denied if you request deletion of data necessary to comply with legal obligations.
Also, if you have a complaint about the processing of your data, you can file a complaint with the data protection authority.
2.10. Who is responsible for the accuracy and veracity of the data provided?
The user is solely responsible for the veracity and correctness of the data included, exonerating ONA BEACH CLUB SL from any liability in this regard. Users guarantee and respond, in any case, the accuracy, validity and authenticity of the personal data provided, and undertake to keep them updated. The user agrees to provide complete and correct information in the registration or subscription form. ONA BEACH CLUB SL reserves the right to terminate the contracted services that had been concluded with users, in the event that the data provided are false, incomplete, inaccurate or outdated.
ONA BEACH CLUB SL is not responsible for the veracity of the information that is not of its own elaboration and of which another source is indicated, so it does not assume any responsibility for hypothetical damages that may arise from the use of such information.
ONA BEACH CLUB SL reserves the right to update, modify or delete information contained in its web pages and may even limit or deny access to such information. ONA BEACH CLUB SL is exonerated from liability for any loss or damage that the user may suffer as a result of errors, defects or omissions in the information provided by ONA BEACH CLUB SL provided it comes from outside sources.
Likewise, the user certifies that he/she is over 14 years of age and that he/she has the necessary legal capacity to consent to the processing of his/her personal data.
2.11. How do we handle personal data of minors?
In principle, our services are not specifically directed to minors. However, in the event that any of them are directed to minors under fourteen years of age, in accordance with Article 8 of the RGPD and Article 7 of the LO3/2018, of December 5 (LOPDGDD), ONA BEACH CLUB SL will require the valid, free, unequivocal, specific and informed consent of their legal guardians to process the personal data of minors. In this case, the DNI or other form of identification of the person giving consent will be required.
In the case of persons over fourteen years of age, data may be processed with the consent of the user, except in those cases in which the law requires the assistance of the holders of parental authority or guardianship.
2.12. What security measures do we apply to protect your personal data?
ONA BEACH CLUB SL has adopted the security levels of protection of Personal Data legally required, and tries to install those other additional technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of Personal Data provided to ONA BEACH CLUB SL.
ONA BEACH CLUB SL is not responsible for hypothetical damages that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system, caused by reasons beyond ONA BEACH CLUB SL ; delays or blockages in the use of this electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Center, the Internet system or other electronic systems, as well as damage that may be caused by third parties through illegal interference beyond the control of ONA BEACH CLUB SL. Nevertheless, the user must be aware that Internet security measures are not impregnable.
2.13. Links to other websites
On the website www.lamarabanda.com there may be links to other websites. By clicking on one of these links and accessing an external website, the visit will be subject to the privacy policy of that website, being ONA BEACH CLUB SL disassociated from any responsibility about their privacy policy.
2.14. How do we use cookies?
The website and the RRSS of ONA BEACH CLUB SL use cookies, in order to optimize and customize your navigation through it. Cookies are physical information files that are hosted on the user’s own terminal, the information collected through cookies is used to facilitate user navigation through the portal and optimize the browsing experience. The data collected through cookies may be shared with the creators of the same, but in no case the information obtained by them will be associated with personal data or data that can identify the user.
However, if you do not want cookies to be installed on your hard drive, you can configure your browser to prevent the installation of these files. For more information, please see our Cookie Policy
2.15. Can the privacy policy be changed?
This privacy policy is subject to change. We recommend that you review this privacy policy from time to time.
3. Cookie Policy
In compliance with the duty of information contained in paragraph 2 of Article 22 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, this cookie policy aims to inform you clearly and precisely about the cookies used on the website of ONA BEACH CLUB SL.
3.1. What are cookies?
A cookie is a small file that websites send to your browser and download to your computer. Cookies allow the website to store and retrieve information about your visit, such as your preferred language and other options, in order to improve the services offered and contribute to a better browsing experience for the user.
3.2. Authorization for the use of cookies
In accordance with the cookie notice that appears on the website, the user accepts that, by browsing the website, he/she expressly consents to the use of cookies as described below, without prejudice that the user can modify the configuration of his/her browser to reject the use of cookies.
3.3. Types of cookies
Depending on who manages the domain from which the cookies are sent and the data is processed, a distinction will be made between first-party cookies and third-party cookies.
Cookies can also be classified according to the length of time they remain stored in the user’s browser, distinguishing between session cookies or persistent cookies.
Finally, depending on the purpose for which the information collected is processed, cookies can be classified into the following categories:
- Technical cookies: allow the user to browse a website and use some of the services offered by it (such as, for example, those used to remember the elements of a shopping cart).
- Personalization cookies: allow the user to access the website with certain characteristics, such as language.
- Security cookies: they are used to prevent or hinder attacks against the website.
- Add-on cookies to share social content: the so-called plug-ins, which allow content to be shared on social networks.
- Analysis cookies: allow the responsible to monitor the user’s behavior.
- Advertising cookies: allow the management of advertising space on the website.
- Behavioral advertising cookies: like the previous ones, they are used to manage the advertising spaces of the website based on the information collected about the user’s behavior and habits, adapting the advertising to the user’s profile.
- Geolocation cookies: used to find out the country where the user is located.
3.4. How to modify cookie settings
You can restrict, block or delete cookies from ONA BEACH CLUB SL or any other website using your browser. In each browser the operation is different, you can find how to do it in the help menu of your browser where the procedure for its elimination is established. For more information:
It is possible that by disabling cookies the website may not function properly or you may not be able to access certain features of the website.
3.5. Cookies used on the web
