LEGAL NOTICE

WEBSITE OWNERSHIP

GESTAIR S.A.U., holder of CIF number A28472124, acts as the owner, creator, promoter and manager of the content of this website. The company informs Users that it complies with the current data protection regulations and, in particular, with 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, and repealing Directive 95/46/EC (General Data Protection Regulation), and with the Information Society Services and Electronic Commerce Act, Law 34/2002, of 11 July 2002.

Business or Company Name

CIF

GESTAIR S.A.U.

A28472124

Address:

C/ Anabel Segura nº 11 – Edificio A - 2C

Town:

Postcode:

Alcobendas, Madrid

28108

THE CONCEPT OF THE USER

Using the website (including its private area) confers User status, and implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice and in the Privacy Policy in the version published by GESTAIR S.A.U. from the moment at which the User goes onto the website. In consequence, Users must read this Legal Notice and the Privacy Policy carefully every time they prepare to use the website given that they may have been modified.

INFORMATION ABOUT LINKS

GESTAIR S.A.U. does not accept responsibility for external websites which it may be possible to access via links, or for content made available to Users by third parties.

Any use of links or access to external websites is done so at the sole choice and risk of the User, and GESTAIR S.A.U. does not recommend or guarantee any information obtained through any link outside the GESTAIR S.A.U. website, nor does it accept liability for any loss, complaint or damages resulting from the use or misuse of a link, or for any information obtained thereof, including other links to websites, or for interruptions to service or access, or from the attempt to use or misuse a link, both when connecting to the GESTAIR S.A.U. website as well as when accessing information from other websites through the GESTAIR S.A.U. website.

LINKS FROM OTHER EXTERNAL WEBSITES

The creation of a link to http://www.gestair.com/ from websites which contain expressions or propaganda of a racist, xenophobic or pornographic nature, or which justify acts of terrorism or violate human rights or any other expression of an unlawful nature or which contravenes accepted public morality and order is expressly forbidden. Under no circumstance shall it be implied or stated that GESTAIR S.A.U. has intervened in, guaranteed, promoted, participated in or overseen, in any way, the content of the website hosting the link, or even that it has consented to its inclusion, other than where expressly authorised.

INFORMATION ABOUT THE USE OF COOKIES

Cookies may be used on certain pages of this Website. The purpose of said cookies is to improve the service provided to your clients and our visitors. If you want to find out more about the use of cookies by GESTAIR S.A.U., click here.

DISCLAIMER AND LIMITATION OF LIABILITY

GESTAIR S.A.U. informs you that it at all times implements security measures aimed at providing Users of its website with adequate, accurate and updated information and services. However, it reserves the right to rectify those aspects which, periodically and fortuitously, may present inaccuracies, outdated information or errors.

GESTAIR S.A.U., has obtained the information and materials included on its website from sources considered to be reliable but, although it has taken the corresponding measures to ensure that the information contained is correct, it cannot guarantee it is accurate or current.

It also warns Users that the content of this Website has two purposes, one informational purpose with regards to the quality, situation, services and fees, and another purpose aimed at the sale of services, as provided for in this legal notice and the rest of the legal texts on this website.

NOTICE REGARDING TECHNICAL ASPECTS

GESTAIR S.A.U. does not accept any responsibility or liability in the event of interruptions to, or the bad working order of, the services or content provided online, regardless of their cause. Furthermore, GESTAIR S.A.U. shall not be held responsible or liable for any network failure, or loss of information due to said failure, power outage or any other type of indirect damage that Users may suffer due to causes that are external to GESTAIR S.A.U..

GESTAIR S.A.U. neither warrants nor represents that its services or contents will be uninterrupted or free of errors, that defects will be corrected or that the service or server making it available will be free of viruses or other harmful elements. Notwithstanding the foregoing, GESTAIR S.A.U. makes every effort to avoid such types of incidents. In the event of the User making specific decisions or carrying out actions based on the information included on any of the websites, we would recommend checking said information with other sources.

INDUSTRIAL AND INTELLECTUAL PROPERTY

Content provided by GESTAIR S.A.U. as well as any content published on the internet through its web pages, constitutes work that is covered by legislation governing intellectual property, and as such it is protected by the applicable international laws and conventions in this area.

Any form of reproduction, distribution, public disclosure, modification, provision or, in general any other act of public exploitation with regard both to web pages and to their content and information is strictly forbidden other than with the express prior written consent of GESTAIR S.A.U..

As a consequence, all content visible on the different websites and, in particular, designs, texts, graphs, logos, icons, buttons, software, commercial names, brands, industrial drawings or any other symbols liable to industrial and commercial use are subject to the intellectual and industrial property rights of GESTAIR S.A.U. or to those of the third-party owner thereof, which has duly authorised their inclusion on the different websites.

Content, images, forms, opinions, indexes and other formal expressions which are part of the web pages, as well as the software necessary for them to function and be visualised, also constitute a “work” in the Copyright sense and are therefore protected by the applicable international conventions and national laws governing intellectual property. Failure to comply thereof constitutes the commission of a serious unlawful act with the subsequent penalty according to civil and criminal law.

Any act by virtue of which content and service Users may exploit or make commercial use, directly or indirectly, in their entirety or part thereof, of any piece of content, images, forms, indexes or any other formal expressions which are part of the web pages is strictly forbidden without the prior and written consent of GESTAIR S.A.U..

To be specific, those acts which are forbidden include, but are not limited to, acts of reproduction, distribution, display, broadcasting, transmission, retransmission of any kind, storing on logical or hardware platforms (for example floppy disks or computer hard drives), the digitalization or provision from databases not belonging to those authorised by GESTAIR S.A.U., as well the translation, adaptation, arrangement or any other modification of said opinions, images, forms, indexes and other formal expressions that are made available to Users through services or content in as far as such acts are subject to the applicable laws regulating intellectual and industrial property and the protection of image rights.

GESTAIR S.A.U. is free to restrict access to web pages and to the products and/or services provided thereon, as well as the subsequent publication of opinions, observations, images or comments that Users may send by email.

It is as such that GESTAIR S.A.U. may, if it deems appropriate, and without prejudice to the sole and exclusive responsibility of Users, establish the filters necessary in order to avoid the online publishing, through web pages, of any content or opinions considered to be racist, xenophobic, discriminatory, pornographic or defamatory or which in any way promote violence or the dissemination of clearly unlawful or harmful content.

Other than where they have made a clear and unmistakeable request to the contrary, in those cases in which by the nature of the services and content it is possible, Users who send opinions or comments by email to the GESTAIR S.A.U. online suggestions department understand that they are giving GESTAIR S.A.U. their consent for the reproduction, distribution, display, broadcasting, transmission and retransmission in any format, storage on logical and hardware platforms (for example floppy disks or computer hard drives), digitalisation and provision from databases belonging to GESTAIR S.A.U., translation,  adaptation, arrangement or any other modification of said observations, opinions or comments, during the entire copyright protection period provided for by law.

Furthermore, it is understood that this authorisation is given free of charge, and that by the simple act of emailing such observations, opinions or comments, Users are waiving any claim to remuneration from GESTAIR S.A.U..

In accordance with what was set out in the previous paragraph, GESTAIR S.A.U. is equally authorised to carry out modifications or alterations to such observations, opinions or comments in the interests of adapting them to the editorial format requirements of the web pages, without this being understood to constitute a violation of any of the Users’ moral rights of copyright

Any technical, logical or technological resources, by virtue of which a third party might benefit, directly or indirectly, financially or otherwise, from all and any of the contents, forms, indexes and other formal expressions that are part of the web pages or of the work carried out by GESTAIR S.A.U. in its functioning is strictly forbidden.

Specifically, all linking, hyperlinking, framing or similar that might be created to GESTAIR S.A.U. web pages without the prior express written consent of GETAIR S.A.U. is strictly forbidden. Any breach of what is set out in this point will be considered to be a violation of the legitimate intellectual property rights that GESTAIR S.A.U. holds over these web pages and the contents thereon.

GESTAIR S.A.U. accepts no responsibility or liability for the consequences resulting from the abovementioned behaviour and actions, in the same way that it accepts no responsibility or liability for the contents, services, products, etc., of third parties which might be directly accessed via banners, links, hyperlinks, framing or any other similar types of link from GESTAIR S.A.U.’s websites.

PRIVACY POLICIES

SCOPE

This Privacy Policy of GESTAIR S.A.U. regulates the collection, use and other forms of processing of personal data provided by Users on this website or in any of the Internet environments of the entity.

Through the implementation of the forms included in the different websites, related to services provided by GESTAIR S.A.U., the Users accept the inclusion and treatment of the data they provide in a personal data treatment, of which GESTAIR S.A.U. is the owner, being able to exercise the pertinent rights according to what is exposed in the following clauses.

All legal texts are available to users and/or interested parties on the corresponding website.

Who is responsible for the processing of your data?

GESTAIR S.A.U. is the legal entity responsible for the collection and processing of your personal data in relation to the services it provides.

GESTAIR S.A.U. is committed to respecting and safeguarding your privacy and the security of your data. The identification data of the data controller are:

Corporate Name or Company Name

VAT ID

GESTAIR S.A.U.

A28472124

Address:

C/ Anabel Segura nº 11 – Edificio A - 2C

City:

Zip Code:

Alcobendas, Madrid

28108

Contact DPD

dpd@gestair.com

   

For what purpose(s) do we collect your data?

In accordance with the provisions of current legislation, GESTAIR S.A.U. only collects the data strictly necessary to offer the services derived from its activity and other services, management and activities attributed by law.

The data that may be collected from the user will be processed for the purposes of:

  • Provision of any of the services offered by Gestair S.A.U.
  • Sending commercial and company-related information that may be of interest to the user.

Please note that no automated evaluations will be performed, nor will user profiles be created.

We also inform you that the information in the databases may be used to identify Users and to carry out statistical studies of registered Users.

For how long do we keep your personal data?

Personal data will be kept as long as the user does not state otherwise and for the legally established retention periods, unless for logical and obvious reasons they have lost their usefulness or the legitimate purpose for which they were collected.

To which recipients will your data be communicated?

The User is informed that GESTAIR S.A.U. has no plans to transfer data, other than those necessary to comply with current legislation directly applicable to our company.

Unless the User has been informed of the possible existence of transfers of their data to third parties, and their consent has been obtained, in no case, with the exception of cases covered by current legislation, will any third party outside GESTAIR S.A.U. have access, without the express consent of the Users, to their personal and/or navigation data. In the rest of the cases GESTAIR S.A.U. will collaborate so that the third parties comply with the legislation in force, although the responsibility will be demandable to the mentioned third parties.

GESTAIR S.A.U. does not sell, rent or transfer the personal data of the users of this Web, except in the case that it is necessary for the provision of the service.

GESTAIR S.A.U. does not sell, rent or transfer the e-mails of its users to other companies, except in the case that it is necessary for the provision of the service.

What are the rights of the Users who provide us with their data?

Users may exercise, with respect to data collected in the manner described in the first point, the rights recognized in 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 and repealing Directive 95/46/EC (General Data Protection Regulation), and in particular the rights of portability, access, rectification, erasure and restriction of processing.

The rights referred to in the preceding paragraph may be exercised by each User by means of a written and signed request, accompanied by a photocopy of ID or Passport, addressed to the following address:

dpd@gestair.com

GESTAIR S.A.U.

11, Anabel Segura St. - Building A - 2C

28108, Alcobendas, Madrid

It also informs Users that they may withdraw their consent to the processing of their data at any time, and that they may file a complaint with the Control Authority (Spanish Data Protection Agency) if they deem it appropriate.

COMMUNICATION OF INCIDENTS AND IRREGULARITIES.

In the event of any conduct or situation that could be susceptible to generate an incident or irregularity of any kind, please contact:

dpd@gestair.com

GESTAIR S.A.U.

11, Anabel Segura St. - Building A - 2C

28108, Alcobendas, Madrid

USER'S UNDERTAKING THAT THEIR DATA IS ENROLLED IN A PROCESS

By entering your data in one or more of the data collection forms, you accept these terms of use and privacy policy, understanding that you have been informed of the terms of use and legal notice of the same and that you agree to fully comply with them while browsing and participating in http://www.gestair.com/.

In any case, the user is responsible for the authenticity of the data provided, that they are accurate, current and complete for the purpose for which they are provided, assuming liability for damages, both for loss of profits and consequential damages, which could be generated by such inaccuracies or falsehoods. In any case, if the data provided in the corresponding forms were owned by a third party, the user is solely responsible for the correct acquisition of consent and information to the third party on the aspects reflected in this legal notice and privacy policies.

USERS' LIABILITY FOR USE AND CONTENT

Both access to the websites and the use that may be made of the information and content included therein, will be the sole responsibility of the user. Therefore, the use that may be made of the information, images, contents and/or products described and accessible through the same, shall be subject to the applicable national or international legality, as well as to the principles of good faith and lawful use by the Users, who shall be entirely responsible for said access and correct use. The Users will be obliged to make a reasonable use of the services or contents, under the principle of good faith and with respect to the current legality, morality, public order, good customs, the rights of third parties or of GESTAIR S.A.U. itself, all according to the possibilities and purposes for which they are conceived. GESTAIR S.A.U. does not assume responsibilities, direct or indirect, for emergent damage or loss of profit, derived from the bad use of the services or contents carried out by the Users or third parties.

LSSI-CE INFORMATION

In compliance with the duty of information contemplated in article 10 of the current Law 34/2002, of July 11, of Information Society Services and Electronic Commerce, we inform you that the developer and content manager of the Web where you can download different applications and/or information is GESTAIR S.A.U. a sole proprietorship, with address at C/ Anabel Segura nº 11 - Edificio A - 2C, 28108, Alcobendas, Madrid, and with the management of the Internet domain http://www.gestair.com/ registered in the Mercantile Registry of Madrid, volume 4.589, folio 80, page nº 36.306, attending to communications from users and/or interested parties through the e-mail dpd@gestair.com.

Any other commercial, mercantile, administrative or contracting activity of goods and/or services is the responsibility of the aforementioned company.

INFORMATION ON THE USE OF OTHER WEBSITES AND SOCIAL NETWORKS

The company is only responsible for the contents and management of the web pages of which it is the owner or holds a right of analogous nature. Any other website or social network or repository of information on the Internet, outside this website, is the responsibility of their legitimate owners.

GESTAIR S.A.U. collaborates on a regular basis with different applications and Web environments, and always recommends all users to carefully read the corresponding legal notices and privacy policies before accessing these web environments, and to only access them once they have fully understood and accepted said legal text.

GESTAIR S.A.U. undertakes to control the contents that are exposed in these social networks and will expel those users who make an incorrect use in them.

GESTAIR S.A.U. recommends, following the instructions of the National Institute of Communication Technologies (INTECO) and the Spanish Data Protection Agency (AEPD), for the use of social networks or navigation in Web environments, the execution of the following actions (in the event that one day it is available for use):

  • It is recommended that all users resort to the use of pseudonyms or personal nicknames to operate on the Internet, allowing them to have an authentic "digital identity" that does not jeopardize the security of their personal and professional lives.
  • Users are advised to be especially careful when posting audiovisual and graphic content on their profiles, since in this case they may be putting at risk the privacy and intimacy of people around them.
  • It is recommended to review and read, both prior to user registration and afterwards, the general conditions of use and the privacy policy that the platform makes available on its websites.
  • It is recommended that the degree of privacy of the user's profile on the social network be set appropriately, so that it is not completely public, but only those people who have been previously classified as "friends" or "direct contacts" by the user have access to the information published on the profile.
  • It is recommended to accept as contact only those people you know or with whom you have a previous relationship, not compulsively accepting all the contact requests you receive and investigating whenever possible and necessary, who is the person requesting your contact through the social network.
  • It is recommended not to publish physical contact information in the user profile that would allow anyone to know where you live, where you work or study on a daily basis or the places of entertainment you frequent.
  • Users of microblogging tools are advised to be especially careful about posting information about where they are at all times.
  • It is recommended that you only use and publish content for which you have sufficient intellectual property rights. Otherwise, the user will be committing a civil offence that can be protected by national courts.
  • Users are encouraged to use different usernames and passwords to log in to the various social networks of which they are a member.
  • It is recommended to use passwords with a minimum length of 8 characters, alphanumeric and case sensitive.
  • It is recommended that all users have anti-virus software installed and properly updated on their computers.
  • Minors should not disclose excessive personal data. Data should never be provided to strangers.
  • You should read all the information concerning the website. It explains who the owners of the site are and the purpose for which the data is requested.
  • If the user is under fourteen years of age, parental consent is also required. In these cases, whenever data is requested by a social network, the parents or guardians must be asked whether they approve of the subscription or not.
  • Usernames and passwords should not be communicated to third parties, nor should they be shared among friends or classmates. These data are private and should not be communicated to third parties and/or strangers.
  • Whenever there is any doubt regarding any situation arising from the use of social networks and collaborating tools, parents or guardians should be asked.
  • The computer should be kept in a common area of the house.
  • Rules should be established regarding the use of the Internet at home.
  • Parents should be aware of the operation and possibilities of this type of platform, both positive and negative.
  • Activate the parental control and platform control tools, as well as set the parent's or guardian's email as a secondary contact email.
  • Ensure that age verification checks are in place.
  • Ensure proper installation of the content blocker.
  • Raise awareness and inform minors about safety issues.
  • Explain to minors that they should never meet with people they have met in the online world and that if they do so, they should always be accompanied by their parents or guardians.
  • Ensure that minors are aware of the risks and implications of hosting content such as videos and photos, as well as the use of webcams through social networks.
  • Control the user profile of the minor.
  • Ensure that the child only accesses pages recommended for his or her age.

Ensure that minors do not use their full name.

Copyright ® Gestair. 2018. |  Legal Notice  |  Cookies policy