Legal Notice

I. GENERAL INFORMATION

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

The ownership of this website, sanfcodc.com (hereinafter, Website), is held by: SAN FRANCISCO DC, with Tax ID: E67517417, and whose contact details are:

Address:
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
Contact phone: +34 651924983
Contact email: [email protected]

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter referred to as “Conditions”) is to regulate the access and use of the website. For the purposes of these Conditions, the term “Website” shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e., the navigation tree; and all elements integrated into the screen interfaces and the navigation tree (hereinafter referred to as “Contents”) as well as all those online services or resources that may be offered to Users (hereinafter referred to as “Services”).

SAN FCO Denim Culture reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. Users acknowledge and agree that at any time, SAN FCO Denim Culture may interrupt, deactivate, and/or cancel any of these elements that are 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 a consideration to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of some of the Contents or Services of the Website may be done through the subscription or prior registration of 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 SAN FCO Denim Culture, such as comments and/or blogging spaces, confers the status of User, hence, from the moment of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations as per the case. Given the importance of the above, it is recommended that the User reads them every time they visit the Website.

The SAN FCO Denim Culture Website provides a wide variety of information, services, and data. The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • A use of the information, Contents, and/or Services and data offered by SAN FCO Denim Culture that is not contrary to the provisions of these Conditions, the Law, morality, or public order, or that in any other way may infringe the rights of third parties or the operation of the Website.
  • The truthfulness and legality of the information provided by the User in the forms issued by SAN FCO Denim Culture for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify SAN FCO Denim Culture about any fact that allows the misuse of the information registered in such forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to its immediate cancellation.

SAN FCO Denim Culture reserves the right to withdraw all comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, order or public safety or that, in its judgment, are not suitable for publication.

In any case, SAN FCO Denim Culture will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Merely accessing this Website does not imply any type of commercial relationship between SAN FCO Denim Culture and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this SAN FCO Denim Culture Website is not directed to minors. SAN FCO Denim Culture disclaims any responsibility for the failure to comply with this requirement.

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

SAN FCO Denim Culture does not guarantee the continuity, availability, and usefulness of the Website, nor of the Contents or Services. SAN FCO Denim Culture will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will be uninterrupted or error-free.

Neither is it responsible or guarantees that the content or software that can be accessed through this Website, be error-free or cause damage to the User’s computer system (software and hardware). In no case SAN FCO Denim Culture will be responsible for the losses, damages, or harm of any kind arising from accessing, browsing, and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

SAN FCO Denim Culture 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 the falls, interruptions, lack or defect of telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting what is established in current legislation, SAN FCO Denim Culture commits to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that this privacy policy incorporates

This privacy policy is adapted to the current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects the following rules:

  • The 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).
  • The Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
  • The Royal Decree 1720/2007, of December 21, by which the Regulation of development of the Organic Law 15/1999, of December 13, on Protection of Personal Data (RDLOPD) is approved.
  • Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSI-CE).

Identity of the responsible for the processing of personal data

The responsible for the processing of personal data collected in SAN FCO Denim Culture is: SAN FRANCISCO DC, with NIF: E67517417 (hereinafter, also responsible for the processing). Their contact details are as follows:

Address:
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
Contact phone: +34 651924983
Contact email: [email protected]

Registration of Personal Data

The personal data collected by SAN FCO Denim Culture, through the forms extended on its pages, will be entered into an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Registry of the Data Protection Agency that can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, expedite and fulfill the commitments established between SAN FCO Denim Culture and the User or the maintenance of the relationship established in the forms that he/she fills out, or to attend a request or query from the same.

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles contained in article 5 of the GDPR:

  • Principle of lawfulness, fairness, and transparency: the User’s consent will be required at all times after completely transparent information of the purposes for which the personal data are collected.
  • Principle of purpose limitation: the personal data will be collected for specified, explicit, and legitimate purposes.
  • Principle of data minimization: the personal data collected will be only 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 retention period: personal data will only be kept in a way that allows the identification of the User for the necessary time for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be treated in a way that ensures their security and confidentiality.
  • Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data that are treated in SAN FCO Denim Culture are only identifying data. In no case, special categories of personal data within the meaning of article 9 of the GDPR are processed.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. SAN FCO Denim Culture commits to collect the express and verifiable consent of the User for the processing of their personal data for one or several specific purposes.

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On the occasions in which the User must or can provide their data through forms to make queries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

Purposes of the processing to which the personal data is destined

Personal data is collected and managed by SAN FCO Denim Culture to facilitate, expedite, and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend a request or inquiry.

Likewise, the data may be used with a commercial personalization, operational and statistical purpose, and activities of the corporate purpose of SAN FCO Denim Culture, as well as for the extraction, data storage, and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation, and navigation of the Website.

At the time personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be destined; that is, the use or uses that will be given to the information collected.

Periods of retention of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 12 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when that is not possible, the criteria used to determine this period.

Recipients of personal data

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

  • ACENS TECHNOLOGIES, S.L.U.: a company dedicated to web hosting and domains. Located at C/ San Rafael, 14 28108 Alcobendas, Madrid.
  • Gmail: an email service, offered by the company Google LLC, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • Google Drive: dedicated to storing a backup of files in the cloud and accessing them easily. Service offered by Google LLC, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
  • KPELU SERVICES, S.L.: messaging used for the shipment of products purchased by the buyer. Located at Rambla Prim 246, Barcelona, Spain.
  • WhatsApp: Tool used for communication with buyers and clients through the company WhatsApp Ireland Limited (for those located in Europe).
  • Facebook: Tool used as a social network and for the purposes of connecting with users, clients, buyers, and participants, the service is provided by the company Facebook Ireland Ltd. Located at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
  • Sendiblue: dedicated to offering solutions for sending emails and marketing through its website www.brevo.com. Located at 55 106 boulevard Haussmann, 75008, Paris (France).

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

Respecting the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may grant their consent to the lawful processing of their personal data by SAN FCO Denim Culture. If it is a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and this will only be considered lawful to the extent that the parents or guardians have authorized it.

Secret and security of personal data

SAN FCO Denim Culture commits to adopting the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so that the security of personal data is guaranteed and to prevent the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL certificate (Secure Socket Layer), which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.

However, because SAN FCO Denim Culture cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller commits to notify the User without undue delay when a violation of the security of personal data that is likely to entail a high risk to the rights and freedoms of natural persons occurs. Following the provisions of article 4 of the GDPR, a violation of the security of personal data is understood to be any breach of security that results in the accidental or unlawful destruction, loss, or alteration of personal data transmitted, stored, or otherwise processed, or unauthorized communication of or access to said data.

The personal data will be treated as confidential by the Data Controller, who commits to inform of and to guarantee through a legal or contractual obligation that this confidentiality is respected by its employees, associates, and any person to whom the information is accessible.

Rights derived from the processing of personal data

The User has over SAN FCO Denim Culture and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR:

  • Right of access: It is the right of the User to obtain confirmation of whether SAN FCO Denim Culture is processing their personal data and, if so, to obtain information on their specific personal data and the treatment that SAN FCO Denim Culture has carried out or carries out, as well as, among other, of the information available on the origin of said data and the recipients of the communications made or planned thereof.
  • Right of rectification: It is the right of the User to have their personal data that prove to be inaccurate or, taking into account the purposes of the treatment, incomplete, modified.
  • Right to erasure (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the erasure of their personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; personal data have been unlawfully processed; personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of services of the information society to a child under 14 years of age. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable steps to inform the controllers who are processing the personal data of the interested party’s request for the deletion of any link to those personal data.
  • Right to restriction of processing: It is the User’s right to limit the processing of their personal data. The User has the right to obtain the 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 them for making claims; and when the User has opposed to the processing.
  • Right to data portability: In case 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 them to another data controller. Whenever technically feasible, the Data Controller will transmit the data directly to that other controller.
  • Right to object: It is the User’s right not to have their personal data processed or to have the processing of their data ceased by SAN FCO Denim Culture.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling unless the current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-sanfcodc.com”, specifying:

  • Name, surname of the User, and a copy of their ID. In cases where representation is admitted, it will also be necessary to identify by the same means the person representing the User, as well as the document accrediting the representation. The photocopy of the ID may be substituted by any other means valid in law that proves identity.
  • Petition with the specific reasons for the request or information to which access is wanted.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the petition made.

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

Postal address:
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
Email: [email protected]

Links to third-party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than SAN FCO Denim Culture, and therefore not operated by SAN FCO Denim Culture. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In case the User considers that there is a problem or infringement of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State where they have 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

It is necessary for the User to have read and to be in agreement with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods, and for the purposes indicated. The use of the Website will imply the acceptance of the Website’s Privacy Policy.

SAN FCO Denim Culture reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. It is recommended that the User consults this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on August 7, 2019, to adapt to 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).

V. COOKIE POLICY

In accordance with the provisions of current legislation on the use of cookies, the use of cookies will be treated in accordance with the section called Cookie Policy present in this document, which every user must read, accept, and/or limit during navigation, as expressly reported by the cookie banner on our website and the additional information displayed about the use of cookies on the same. The user may limit the download of COOKIES from the browser options.

VI. LINK POLICY

It is reported that the SAN FCO Denim Culture Website provides or may provide to Users means of link (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, without it being considered a suggestion, recommendation, or invitation to visit them.

SAN FCO Denim Culture does not offer or market by itself or through third parties the products and/or services available on such linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity, or legality of sites outside its property that can be accessed through the links.

SAN FCO Denim Culture in no case will review or control the content of other websites, as well as does not approve, examine nor makes its own the products and services, content, files, and any other material existing on the linked sites.

SAN FCO Denim Culture assumes no responsibility for the damages that could be caused by access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by SAN FCO Denim Culture and which are linked on this Site.

The User or third party making a hyperlink from a web page of another, different, site to the SAN FCO Denim Culture Website should know that:

No reproduction —total or partial— of any of the Contents and/or Services of the Website is allowed without express authorization from SAN FCO Denim Culture.
No false, inaccurate, or incorrect statement about the SAN FCO Denim Culture Website, nor about the Contents and/or Services thereof is allowed.
Except for the hyperlink, the website on which said hyperlink is established shall not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by SAN FCO Denim Culture.
The establishment of the hyperlink does not imply the existence of relations between SAN FCO Denim Culture and the owner of the website from which it is made, nor the knowledge and acceptance of SAN FCO Denim Culture of the contents, services, and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

SAN FCO Denim Culture by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (for example, 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.). They will, therefore, be works protected as intellectual property by the Spanish legal system, being applicable both the Spanish and community regulation in this field, as well as international treaties related to the matter and signed by Spain.

All rights reserved. Under the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including its mode of making available, of all or part of the contents of this web page, for commercial purposes, on any support and by any technical means, without the authorization of SAN FCO Denim Culture, are expressly prohibited.

The User agrees to respect the Intellectual and Industrial Property rights owned by SAN FCO Denim Culture. You can view the elements of the Website and even print, copy, and store them on the hard drive of your computer or any other physical support provided it is, solely and exclusively, for personal and private use. The User must not remove, alter, evade or manipulate any protection device or security system that was installed on the Website.

In case the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify SAN FCO Denim Culture through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION

SAN FCO Denim Culture reserves the right to present civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and SAN FCO Denim Culture will be governed by the regulations in force and applicable in the Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction submitting themselves to the judges and courts that correspond according to law.

Last modification: February 28, 2024.

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