Legal notice

I. GENERAL INFORMATION

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

The ownership of this website, helprisingstars.com (hereinafter, the Website), belongs to: Shelter Garage S.L., holder of Tax ID (CIF): B88052998 and registered in: the Madrid Registry.

Address: Avda. Somosierra, 1,2 28703 S.S. de los Reyes
Contact telephone: 918615671
Contact email: info@sheltergarage.sheltergarage.com

II. GENERAL TERMS AND CONDITIONS OF USE

Purpose of the conditions: The Website

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

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

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

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

The User

Accessing, browsing and using the Website, as well as the spaces enabled for interaction between Users, and between the User and the company, such as comments and/or blogging spaces, confers the status of User. Therefore, from the moment the User starts browsing the Website, all the Conditions set forth herein, as well as any subsequent modifications, are accepted, without prejudice to the application of the corresponding legally binding regulations depending on the case. Given the relevance of the foregoing, Users are advised to read them each time they visit the Website.

The company’s Website provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

The use of the information, Content and/or Services and data offered by Shelter Garage S.L. in a manner that does not violate these Conditions, the law, morality or public order, or that in any other way may infringe the rights of third parties or the proper functioning of the Website.
The truthfulness and lawfulness of the information provided by the User in the forms issued by Shelter Garage S.L. for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Shelter Garage S.L. of any event that may allow the misuse of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

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

In any event, Shelter Garage S.L. shall not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Access to this Website does not establish any kind of commercial relationship between Shelter Garage S.L. and the User.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this Shelter Garage S.L. Website is not directed at minors. Shelter Garage S.L. disclaims any liability for failure to comply with this requirement.

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

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

Shelter Garage S.L. does not guarantee the continuity, availability and usefulness of the Website, nor of the Content or Services. Shelter Garage S.L. will do everything possible for the proper functioning of the Website; however, it does not assume any liability or guarantee that access to this Website will be uninterrupted or error-free.

Nor does it assume any liability or guarantee that the content or software that may be accessed through this Website will be error-free or cause damage to the User’s computer system (software and hardware). Under no circumstances shall Shelter Garage S.L. be liable for any losses, damages or harm of any kind arising from access to, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Shelter Garage S.L. shall likewise not be liable for any damages that may be caused to users due to improper use of this Website. In particular, it shall not be liable in any way for any outages, interruptions, failures or defects in telecommunications that may occur.

IV. PRIVACY POLICY AND DATA PROTECTION

In compliance with current legislation, Shelter Garage S.L. undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated into this privacy policy

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

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD).
Royal Decree 1720/2007, of 21 December, approving the regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The controller of the personal data collected at www.sheltergarage.es is: Shelter Garage S.L., holder of Tax ID (CIF): B88052998 and registered in: Madrid with the following registration details: registration no. 1, volume 37486, folio 40, section, sheet 668189, whose representative is: Iván Fiestas Salyer (hereinafter also the Controller). Its contact details are as follows:

Address:
Avda. Somosierra, 12 28703 S.S. de los Reyes
Contact telephone: 918615671
Contact email: info@sheltergarage.com

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations applicable to Shelter Garage S.L. The User may contact the DPO appointed by the Controller using the following contact details: Shelter Garage S.L.

Record of Personal Data

The personal data collected by Shelter Garage S.L. through the forms available on its pages shall be entered into an automated file under the responsibility of the Controller, duly declared and registered in the General Register of the Data Protection Agency, which can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), for the purpose of facilitating, streamlining and fulfilling the commitments established between Shelter Garage S.L. and the User, or maintaining the relationship established in the forms filled in by the User, or addressing a request or enquiry made by the User.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR:

Principle of lawfulness, fairness and transparency: the User’s consent shall be required at all times after being provided with fully transparent information regarding the purposes for which the personal data is collected.
Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
Principle of data minimization: the personal data collected shall be only that which is strictly necessary in relation to the purposes for which it is processed.
Principle of accuracy: personal data must be accurate and kept up to date at all times.
Principle of storage limitation: personal data shall only be kept in a form which permits identification of the User for as long as necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures its security and confidentiality.
Principle of accountability: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at www.sheltergarage.com are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Shelter Garage S.L. undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.

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

Whenever the User must or may provide their data through forms in order to make enquiries, request information or for reasons related to the content of the Website, they shall be informed if the completion of any of these forms is mandatory because such data is essential for the proper execution of the operation carried out.

Purposes of the processing for which the personal data is intended

Personal data is collected and managed by Shelter Garage S.L. for the purpose of facilitating, streamlining and fulfilling the commitments established between the Website and the User, or maintaining the relationship established in the forms completed by the latter, or addressing a request or enquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities inherent to the corporate purpose of Shelter Garage S.L., as well as for data extraction, storage and marketing studies in order to adapt the Content offered to the User and improve the quality, operation and browsing of the Website.

At the time personal data is obtained, the User shall be informed of the specific purpose or purposes of the processing for which the personal data is intended; that is, the use or uses to be made of the information collected.

Retention periods for personal data

Personal data shall only be retained for the minimum time necessary for the purposes of its processing and, in any event, only for the following period: 90 days, or until the User requests its deletion.

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

Recipients of personal data

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

________

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

Personal data of minors

In compliance with Articles 8 of the GDPR and 13 of the RDLOPD, only persons over 14 years of age may lawfully give their consent to the processing of their personal data by Shelter Garage S.L. If the data subject is under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and such processing shall only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Shelter Garage S.L. undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, in such a way as to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication of or access to such data.

However, because Shelter Garage S.L. cannot guarantee the invulnerability of the internet nor the total absence of hackers or others fraudulently accessing personal data, the Controller undertakes to inform the User without undue delay when a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach shall mean any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

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

Rights arising from the processing of personal data

The User has the following rights in relation to Shelter Garage S.L. and may therefore exercise the following rights recognized in the GDPR against the Controller:

Right of access: This is the User’s right to obtain confirmation as to whether or not Shelter Garage S.L. is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Shelter Garage S.L. has carried out or is carrying out, as well as, among other things, the available information on the origin of such data and the recipients of communications made or planned in relation thereto.
Right to rectification: This is the User’s right to have their personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
Right to erasure (“the right to be forgotten”): This is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; when the User has withdrawn their consent to the processing and there is no other legal basis for it; when the User objects to the processing and there are no overriding legitimate grounds to continue it; when the personal data has been unlawfully processed; when the personal data must be erased in compliance with a legal obligation; or when the personal data has been obtained in relation to the direct offer of information society services to a child under 14 years of age. In addition to erasing the data, the Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform controllers processing the personal data of the data subject’s request for the erasure of any links to, or copies or replications of, those personal data.
Right to restriction of processing: This is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; when the processing is unlawful; when the Controller no longer needs the personal data, but the User requires it for the establishment, exercise or defense of legal claims; and when the User has objected to processing.
Right to data portability: Where the processing is carried out by automated means, the User shall have the right to receive from the Controller their personal data in a structured, commonly used and machine-readable format and to transmit it to another controller. Whenever technically feasible, the Controller shall transmit the data directly to that other controller.
Right to object: This is the User’s right not to have their personal data processed or to have the processing of their data by Shelter Garage S.L. cease.
Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, unless current legislation provides otherwise.

Accordingly, the User may exercise their rights by means of a written communication addressed to the Controller with the reference “GDPR-________”, specifying:

Name and surname of the User and a copy of their ID document. In cases where representation is permitted, identification of the person representing the User by the same means shall also be necessary, as well as the document proving the representation. The photocopy of the ID document may be replaced by any other legally valid means proving identity.
A request specifying the reasons for the application or the information to which access is sought.
Address for notification purposes.
Date and signature of the applicant.
Any document supporting the request being made.

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

Postal address:
Avda. Somosierra, 1-2, 28703 S.S. de los Reyes
Email: info@sheltergarage.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party websites other than Shelter Garage S.L., and which are therefore not operated by Shelter Garage S.L. The owners of such websites shall have their own data protection policies and shall each be responsible for their own files and privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or a breach of current regulations in the way their personal data is being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which 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 agreed with the conditions concerning the protection of personal data contained in this Privacy Policy, and to accept the processing of their personal data so that the Controller may proceed with it in the manner, within the time periods and for the purposes indicated. Use of the Website shall imply acceptance of its Privacy Policy.

Shelter Garage S.L. reserves the right to modify its Privacy Policy according to its own criteria, or due to a legislative, jurisprudential or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy shall be explicitly notified to the User.

This Privacy Policy was updated on May 25, 2018 in order to adapt it 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

Access to this Website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User—on the various devices they may use to browse—so that the server remembers certain information that will subsequently be read solely by the server that implemented it. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

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

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

Cookies that make it possible to identify a person are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this regard, the User’s consent shall be required for their use. This consent shall be communicated on the basis of a genuine choice, given by means of an affirmative and positive decision prior to the initial processing, and shall be revocable and documented.

Own cookies

These are cookies sent to the User’s computer or device and managed exclusively by Shelter Garage S.L. for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and the User’s experience. These cookies make it possible to recognize the User as a recurring visitor to the Website and to adapt the content in order to offer content suited to their preferences.

The entity or entities responsible for providing cookies may transfer this information to third parties, provided that the law requires it or that a third party processes this information for such entities.

Social media cookies

Shelter Garage S.L. incorporates social media plugins, which allow access to such platforms from the Website. For this reason, social media cookies may be stored in the User’s browser. The owners of such social media platforms have their own data protection and cookie policies, and are themselves, in each case, responsible for their own files and privacy practices. The User should refer to these policies to obtain information about such cookies and, where appropriate, the processing of their personal data. For information purposes only, the links where these privacy and/or cookie policies can be consulted are indicated below:

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

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

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

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

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

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

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

Disabling, rejecting and deleting cookies

The User may disable, reject and delete cookies—wholly or partially—installed on their device through the settings of their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one internet browser to another. Consequently, the User should consult the instructions provided by the internet browser they are using. If the User rejects the use of cookies—wholly or partially—they may continue to use the Website, although some of its features may be limited.

Changes to the Cookie Policy

The Website’s Cookie Policy may change or be updated, and therefore Users are advised to review this policy each time they access the Website in order to be properly informed about how and why we use cookies.

VI. LINK POLICY

Users are informed that the Shelter Garage S.L. Website provides or may provide linking tools (including, 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 this being considered a suggestion, recommendation or invitation to visit them.

Shelter Garage S.L. does not offer or market by itself or through third parties the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity or legality of websites not owned by it that may be accessed through the links.

Shelter Garage S.L. shall in no event review or control the content of other websites, nor does it approve, examine or adopt as its own the products and services, content, files and any other material existing on the aforementioned linked websites.

Shelter Garage S.L. assumes no liability whatsoever for any damages that may arise from access to, use of, quality of, or legality of the contents, communications, opinions, products and services of websites not managed by Shelter Garage S.L. and which are linked to from this Website.

The User or third party who creates a hyperlink from another website to the Shelter Garage S.L. Website must be aware that:

The reproduction—wholly or partially—of any of the Website’s Content and/or Services is not permitted without the express authorization of Shelter Garage S.L.

Nor is any false, inaccurate or incorrect statement about the Shelter Garage S.L. Website, or about its Content and/or Services, permitted.

Except for the hyperlink itself, the website on which such hyperlink is established shall not contain any element from this Website protected as intellectual property under Spanish law, unless expressly authorized by Shelter Garage S.L.

The establishment of the hyperlink shall not imply the existence of any relationship between Shelter Garage S.L. and the owner of the website from which it is made, nor the knowledge and acceptance by Shelter Garage S.L. of the contents, services and/or activities offered on said website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Shelter Garage S.L., either in its own right or as assignee, is the owner of all intellectual and industrial property rights in the Website, as well as in the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Consequently, they shall be works protected as intellectual property by the Spanish legal system, and both Spanish and EU regulations in this field, as well as international treaties relating to the matter signed by Spain, shall apply to them.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available, of all or part of the contents of this webpage, for commercial purposes, on any medium and by any technical means, without the authorization of Shelter Garage S.L., are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of Shelter Garage S.L. The User may view the elements of the Website or even print them, copy them and store them on the hard drive of their computer or on any other physical medium provided that this is solely for their personal use. However, the User may not remove, alter or manipulate any protection device or security system installed on the Website.

If the User or any third party considers that any of the Content of the Website constitutes a breach of intellectual property protection rights, they must immediately notify Shelter Garage S.L. using the contact details set out in the GENERAL INFORMATION section of this Legal Notice and General Terms and Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Shelter Garage S.L. reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.

The relationship between the User and Shelter Garage S.L. shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.