Through the Website, the COMPANY offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make enquiries by providing their personal details – Links to access social networks (hereinafter the «Services»).
Privacy and Data Protection
When for the access to certain contents or services it is necessary to provide personal data, the Users will guarantee their truthfulness, accuracy, authenticity and validity. The COMPANY will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Data Protection Policy section.
The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, licence or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by the COMPANY or the third party holder of the rights affected. The contents, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity. It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the COMPANY reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
Obligations and Responsibilities of the Website User
The User undertakes to: Make appropriate and lawful use of the Website as well as the content and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order. To provide all the technical means and requirements necessary to access the Website. To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the COMPANY or third parties as a result of the information provided. Notwithstanding the provisions of the previous paragraph, the User must also refrain from:
a) Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.
b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third party suppliers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:
(I) In any way is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
(II) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions that are contrary to the law, morality, generally accepted good customs or public order.
(III) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(IV) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order. (V) Induces or may induce an unacceptable state of anxiety or fear.
(VI) Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium.
(VII) Is protected by intellectual or industrial protection legislation belonging to the COMPANY or to third parties without the intended use having been authorised.
(VIII) It is contrary to the honour, personal and family privacy or personal image of persons.
(IX) Constitutes any type of advertising.
(X) Includes any type of virus or programme that prevents the normal operation of the Website. If, in order to access any of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, he/she shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, he/she is obliged to notify the COMPANY of any event that may imply an improper use of his/her password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, the COMPANY will be exempt from any liability that may arise from the improper use of your password, and any illicit use of the contents and/or services of the Website by any illegitimate third party will be your responsibility. If in a negligent or fraudulent manner he/she fails to comply with any of the obligations established in the present General Conditions of Use, he/she will be liable for all the damages and losses that could be derived for the COMPANY from such non-compliance.
The COMPANY does not guarantee continuous access, nor the correct visualisation, downloading or utility of the elements and information contained in the pages of the Web site, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. The COMPANY is not responsible for the decisions that may be taken as a consequence of accessing the contents or information offered. The COMPANY will be able to interrupt the service or resolve immediately the relationship with the User if it detects that a use of its Web Site or any of the services offered in it are contrary to the present General Conditions of Use. The COMPANY is not responsible for damages, losses, claims or expenses derived from the use of the Web Site. It will only be responsible for eliminating, as soon as possible, the contents that could generate such damages, as long as it is notified in this way. In particular, it shall not be liable for any damages that may arise, among others, from: (i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or for any other cause beyond the control of the COMPANY. (ii) illegitimate intromissions through the use of malicious programmes of any type and through any means of communication, such as computer viruses or any others.(iii) improper or inadequate abuse of the Web Site.(iv) security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Web Site. The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Web Site. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused. You will defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify the COMPANY against any damages arising from your use of «robots», «spiders», «crawlers» or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.
The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the COMPANY’s Website, as well as any of its contents, unless expressly authorised in writing by the COMPANY. The COMPANY’s Web Site includes links to other web sites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor does it place itself in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through third party links. The User is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Web Site (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent its relationship with the COMPANY or state that the COMPANY has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Web Site other than the home page; (v) must link to the Web Site address itself, without allowing the linking web site to reproduce the Web Site as part of its web site or within one of its «frames» or create a «browser» on any of the pages of the Web Site. The COMPANY may request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link. The COMPANY cannot control the information, contents, products or services provided by other web sites that have established links to the Web Site. Consequently, the COMPANY assumes no responsibility whatsoever for any aspect related to such websites.
To use some of the Services, Users must previously provide certain personal data. To this end, the COMPANY will automatically process the Personal Data in compliance with the Personal Data Protection regulations. To this end, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as set out in the conditions defined in the Data Protection Policy presented on this Website.
The COMPANY reserves the right to use «cookie» technology on the Website, in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content. The «cookies» used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data. Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser’s instructions for use. Thanks to cookies, it is possible for the COMPANY to recognise the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences of the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.
Duration and termination.
The provision of the service of this Web Site and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When it is possible, the COMPANY will announce the termination or suspension of the provision of the determined service.
Declarations and Guarantees.
In general, the contents and services offered on the Web Site are merely informative in nature. Therefore, by offering them, the COMPANY does not grant any guarantee or declaration whatsoever in relation to the contents and services offered on the Web Site, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such declarations and guarantees cannot be excluded by law.
The COMPANY will not be responsible in all cases of impossibility to provide service, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
Applicable law and jurisdiction. These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any controversy will be resolved before the courts of Almeria. In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the COMPANY shall modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.
Política de Privacidad
FRANCISCO MALENO GARCÍA, S.L. en adelante "la EMPRESA" es la entidad titular del Website www.fmagar.com (en adelante el "Sitio Web"), con domicilio social en: Ctra. Puesto Rubio s/n, Paraje Virgen de África, Las Norias de Daza - 04716 El Ejido (Almería) y con CIF número B04030953.La empresa le garantiza la protección de todos los datos de carácter personal que proporcione el Usuario en el "Sitio Web" y, en cumplimiento de lo dispuesto en la normativa de Protección de Datos de Carácter Personal, le informa que:
a) Todos los datos de carácter personal facilitados a la EMPRESA serán tratados por ésta de acuerdo con la normativa de Protección de Datos de Carácter Personal y quedarán incorporados en el tratamiento USUARIOS DE LA PAGINA WEB, creado y mantenido bajo la responsabilidad de la EMPRESA, el cual ha sido debidamente registrado en la Agencia Española de Protección de Datos.
b) Los datos son recabados con las siguientes finalidades: Asegurar la correcta gestión de los servicios o productos solicitados (i) gestión, estudio y resolución de consultas.
c) En la recogida y el tratamiento de los datos de carácter personal se han adoptado las medidas de seguridad adecuadas para evitar la pérdida, el acceso no autorizado o la manipulación de los mismos.
d) La EMPRESA se compromete a proteger la información confidencial a la que tenga acceso. La EMPRESA no empleará en ningún caso los datos de carácter personal que usted ponga a su disposición para prestar servicios a terceros distintos a los referidos en el apartado b) del presente documento o, en su caso, para lograr una utilidad propia.
e) El Usuario certifica que es mayor de 14 años y que por lo tanto posee la capacidad legal necesaria para la prestación del consentimiento en cuanto al tratamiento de sus datos de carácter personal y todo ello, de conformidad con lo establecido en la presente Política de Privacidad.
f) El Usuario puede, en todo momento, ejercitar los derechos de acceso, supresión (derecho al olvido), limitación de tratamiento, oposición, portabilidad, derecho a no ser objeto de decisiones individualizadas, así como el de revocación del consentimiento para cualquier de las finalidades antes señaladas, enviando a la EMPRESA carta debidamente firmada a nuestra dirección postal, arriba indicada, donde consten claramente los datos de contacto, a la cual deberá acompañarse fotocopia de su DNI/NIF o documento que acredite su identidad.
g) El Usuario autoriza al tratamiento automatizado de los datos personales suministrados en los términos indicados. Para ello pulse el botón "ENVIAR" que se encuentra tras el formulario de recogida de datos.