In compliance with the law 34/2002, from July the 11th, of the information and electronic commerce society services and other legal norms compliance, It is expressed to the www.caralca.es users the following data and information.
1.-The www.caralca.es domain contains the current website, which has been created and maintained by Caralca Gestión S.L. (from now on, Caralca). This entity is the owner of the content.
2.-Caralca´s trade name is the management and the real estate development, it is located at:
Avenida Luis Bejarano 60-6o,
41020 Sevilla (España)
3.- Caralca´s C.I.F. no B90359530.
4.- Caralca is registered at the Seville Commercial Registry at volume 6498 book 0 section 8 page SE-116529.
5.-The users of the current website may establish a direct and efficient communication through:
Address: Avenida Luis Bejarano 60-5o, 41020 Sevilla (España)
Tlph: (+34) 662 187 156
Terms of service
1.- General Information
The present conditions regulate the use of the website owned by Caralca Gestión, S.L. that can be accessed through the address www.caralca.es , like all the ones that allow access direct access to some of the sections or sites from the website.
The current web site is owned by Caralca Gestión, S.L. – from now on, Caralca – The data related to this entity can be consulted in the general information file accessible from the main page of this website.
2- Acceptance of the present Conditions
Users must read the General Conditions of Use of this Website, which are contractual in nature.
The use or access to this Site implies the knowledge and full acceptance of these General Conditions and from which, at any moment, Caralca can establish. As a result, it will be the responsibility of all visitors or users to carefully read the current General Conditions of Use on each of the occasions on which they access this Website.
Likewise, the use of certain services available to users of this Website may be subject to Particular Conditions, warnings or instructions that must also be consulted and accepted without reservations by the users.
Through this Website, users are provided with access to various services and content made available by Caralca or by third parties.
The purpose of this Site is to provide commercial information services, as well as commercial activity, including booking electronically products or services included in this Caralca Website and any other linked to it.
All products and services contained in it are provided in accordance with current regulations.
4- Conditions of access and use of the Website
4.1 Free access
The use of the Caralca Website is free of charge. In case, of the existence of services whose use is conditioned to the payment of a price, will be timely and duly advised to the user.
4.2 User registration.
In general, the access and use of this Website does not require prior registration or registration of users. However, and exceptionally, certain services may be subject to the registration of the user in the Caralca databases. Caralca will give that data the corresponding automated treatment according to its nature or purpose, under the conditions and terms indicated in the section on personal data protection policy. The users authorize the treatment by the companies belonging to the Group, in accordance with those purposes. In these cases, the user agrees to use their access codes (username and password) in accordance with the following restrictions:
- The password, chosen by the user, cannot be contrary to morality and generally accepted good practices, nor may it harm the rights to honor and the image of third parties, nor infringe in any way the rights of industrial property or intellectual of third parties.
- Access codes are for the exclusive use of the owner of the same and their safekeeping and correct use are their exclusive responsibility. Caralca will not be responsible for any harm that the user or third parties may incur as a consequence of other people using their password, with or without the user’s consent or knowledge. Caralca undertakes to comply with the obligation of secrecy regarding the password used by the user.
4.4.3 In any case, users will use the contents and services provided by Caralca in accordance with the legislation in force, and will assume the responsibilities that correspond to them for the conducts or activities that, in any way, could be illegal or harmful for rights of third parties or that may harm, impede or limit the use of this Website to Caralca or other users.
4.4.4 Non-emancipated minors may make use of the services offered by this Website only with the permission of their parents or legal guardians, which shall be presumed unless otherwise notified
4.4.5 In particular, and merely indicative and not exhaustive, users undertake not to capture data or content for advertising purposes, as well as not to transmit or disseminate through this Website messages, images, photographs, software, data or contents that:
- in any way contravene or attempt against fundamental rights recognized by the legal system.
- induce, incite or promote criminal, slanderous, defamatory, violent, discriminatory actions based on sex, race, religion or ideology, or, in general, are contrary to law, morality or public order.
- are false, ambiguous, inaccurate, exaggerated, obscene or extemporaneous.
- they are protected by any intellectual or industrial property rights belonging to third parties, unless prior and sufficient authorization of their legitimate owner.
- injure or may damage the right to honor, personal privacy, the image of third parties or infringe the regulations on the secrecy or confidentiality of communications.
- constitute illicit, deceptive or disloyal advertising.
- contain viruses, Trojan horses or any other material or program that may damage or alter the operation of computer equipment or systems.
4.5 Access restrictions
Caralca reserves the unilateral right to deny access to this Website to those users who fail to comply with the current General Conditions of Use, without prior notice or justification.
5- Industrial and Intellectual Property
5.1 Industrial Property.
The use of distinctive signs (graphics and word) that may appear on this Website, among which may be highlighted the graphic-word mark Caralca, has been authorized for use by Caralca or are the exclusive property of it. As a consequence, its use in economic traffic by third parties lacking due authorization is prohibited.
The possible presence on this Site of distinctive signs of ownership other than that described in the preceding paragraph is made with the authorization of their legitimate owners, always with due respect to their exclusive rights.
5.2 Domain names.
In the same sense as referred to in the preceding paragraph, the domain name www.caralca.es and all those that serve to access directly or indirectly to this Site are owned by Caralca. The improper use of them in the economic traffic would imply a violation of the rights conferred by their registration and will be pursued to all the extent of the Law.
5.3.1 The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and, in general, any intellectual creation existing on this Site, as well as the Site itself. As a multimedia artistic work, they are protected as copyright by current legislation on intellectual property.
5.3.2 In accordance with the mentioned, Caralca’s exclusive rights of reproduction, distribution, public communication and transformation, as well as any other right of a patrimonial nature, over the elements indicated in the preceding paragraph; all of this without prejudice to the moral rights that authorship corresponds to.
5.3.3 Are exempt from this protection those files or computer programs not owned by Caralca and free of access (freeware) that, if applicable, the user could find and download from various pages of this Site in order to enable access to them and to the services offered. It is, in any case, applications that have the character of public domain by express will of their authors.
5.4 Personal use.
The user is expressly authorized by Caralca to view, print, copy or store on his hard drive or other physical media, protected intellectual creations and any other content or asset covered or not by an exclusive right, provided that this is done for personal and private purposes, without commercial purpose or distribution, and without modifying, altering or decompiling the aforementioned contents. This power of personal use is understood to be recognized as long as the warnings to copyright and industrial property rights expressed here are respected fully, and does not imply the granting of any license to the user.
Also, the user is expressly authorized to download from this Website the computer programs owned by Caralca, provided that this is done in order to enable access to the services offered on this Website and for private and personal purposes of the user, without commercial or distribution purpose, and without modifying, altering or decompiling the contents, nor translating the version of the original object code or its language to another code or language. Any other use of the intellectual creations or contents of this Site will require the express written authorization of Caralca.
5.5 Reserve of actions.
The use of the contents or services of this Website does not imply the granting of a license or authorization of use of any kind on the intellectual or industrial property rights or on any other right.
The user of this Website commits to respect the rights enunciated above and to avoid any action that could harm them, reserving in any case to Caralca the exercise by all means and legal actions that correspond to him in defense of his legitimate rights of intellectual and industrial property.
6.1 Links to independent web pages of this Website.
6.1.1 On the Caralca Website, the user will be able to find various links that will lead him to web pages independent from it. Its sole purpose is to facilitate access to other sources of information on the Internet related to the services offered or of a general nature. It´s insertion in this Website is inspired by the respect of the intellectual and industrial property rights that, in its case, may correspond to their legitimate authors and holders.
6.1.2 Caralca is not responsible for the contents that are accessed by the aforementioned links, nor for the modifications that are carried out in them, nor for the use made of them, nor for their technical availability.
However, Caralca undertakes to do everything possible to avoid the existence on its website of links to sites with illegal content, which promote illegal activities that are racist, xenophobic and, in general, susceptible to violating the principles of freedom and human dignity. or violate the values and rights recognized by the Spanish Constitution and by the Universal Declaration of Human Rights. In case you have actual knowledge that the information to which a link refers is unlawful, Caralca undertakes to act with due diligence to eliminate or disable such link.
6.2 Conditions of links to this Website.
The person or entities that intend to make a link from a website of another Internet portal to any of the Caralca Website pages must submit to the following conditions:
- Any link to the Web owned by Caralca will be made to its main page and can only be formed by the name “Caralca Gestión, SL”, “Caralca” or by the graphic-word mark “Caralca” or “Caralca Gestión” being prohibited the use of any other brand, logo, slogan and other distinctive signs belonging to Caralca.
- There will be no “frames” or “deep-links” or image links with the pages of the Caralca Site without the prior express authorization of Caralca itself.
- No false, inaccurate or incorrect manifestation will be included on the web pages of Caralca nor on the services or contents itself.
- The establishment of the link does not imply the existence of relations between Caralca and the owner of the website or portal from which it is made, nor the knowledge and acceptance of Caralca of the services and contents offered on said portal.
- The establishment of links without respecting the afore mentioned conditions may imply a violation of the intellectual and / or industrial property rights owned by Caralca, protected under the terms set forth in paragraph 5 of these General Conditions.
7- Debate Forums and Bulletins
Caralca is not responsible for the manifestations or opinions that may be expressed in the different permanent forums, in the bulletins or in the occasional chats or gatherings that, in their case, will be developed within this Web Site, but will seek in at all times, the correct use of these mechanisms or services, and ensure maximum respect for the dignity of people and freedom of expression protected by the Spanish Constitution, reserving in every case the right to deny or eliminate the interventions of illegal content or that considers inconveniences without need of justification or any explanation, as soon as it has effective knowledge of them.
The users of these services will avoid any type of false, abusive, obscene, threatening manifestation or that in any way infringes the current legislation, and will show a respectful treatment towards third parties, intervenors or not in the forums or gatherings.
Caralca informs users that its website www.caralca.es has cookies installed solely and exclusively for statistical or functional purposes. You can consult our cookies policy.
9.1 For the contents:
The information, both your own and from third parties, that appear on this Website is provided “as is”, without guarantees of any kind as to its accuracy and updating. In consequence, Caralca is not responsible for the possible damages that the use of the same could cause.
Caralca is commited to do everything possible to prevent the existence of illegal content on its Site and, if it has actual knowledge of these contents, to eliminate them or prevent access to them. However, Caralca does not guarantee the legality of the content provided by third-party suppliers, collaborators or users.
In relation to what is mentioned in the previous paragraph, the published documents may contain technical inconsistencies or involuntary typographical errors, of which Caralca is not responsible. In any case, the owner of this Website apologizes for these errors and commits to correct them, as soon as possible, such irregularities and appreciates any comments, rectifications or suggestions, which the user can refer to firstname.lastname@example.org
9.1.3 Minors. Caralca is not responsible for possible prejudices that the use of services by minors may cause. Parents and legal guardians will be held responsible for all acts performed by the minors on their charge.
9.2 For the operation of the Site:
9.2.1 Privacy. Caralca does not guarantee absolute privacy in the use of this Site, since the possibility that unauthorized third parties may have knowledge of it and the circumstances in which it is performed should not be ruled out.
9.2.2 Virus. Caralca does not accept any responsibility for possible damages caused by computer viruses, whose absence is not guaranteed.
9.2.3 Technical dysfunctions. Caralca is exempt from any liability arising from the malfunction of the Site or any of its services that have their origin in an accidental circumstance, force majeure, necessary maintenance work or any other cause not attributable to it.
10- Termination and Modification
While, in principle, the duration of this Site is indeterminate, Caralca reserves the right to modify, suspend or terminate the provision of its services or content, in whole or in part, at any time, and without notice to the users of it.
Likewise, the information, presentation and services offered by this Site may be subject to periodic or occasional changes, which may be carried out freely by Caralca without being obliged to notify the users.
11- Law and Applicable Jurisdiction
These General Conditions of Use are governed by Spanish Laws. Any dispute in relation to the Caralca Website will be brought before the Spanish jurisdiction, subjecting the parties to the jurisdiction of the Spanish Courts and Tribunals and their hierarchical superiors, with express waiver of their privileges if they have it and were different from those outlined.
Any dispute in relation to the Caralca Website will be brought before the Spanish jurisdiction, subjecting the parties to the jurisdiction of the Courts and Tribunals of Seville and their hierarchical superiors, with express waiver of their privileges if they had it and were different from those reviewed.
12- Social Networks
Caralca uses tools offered by several social networks, which allow users to manage their communications and offer their services in a personalized way through these channels.
Personal Data Policy
In compliance with the provisions of the applicable legislation on Protection of Personal Data, Caralca Gestión S.L. (from now on, Caralca) informs the users of this Website the following:
Responsible: Caralca Gestión, S.L.
Delegate of Data Protection: Contact details of the Data Protection Delegate: Address: Av. Luis Fuentes Bejarano nº 60-6th floor 41020 (Sevilla) Spain. Email address: email@example.com
- Management and development of the contract / operative
- Description: Development, control and maintenance of the contractual relationship and for the realization and management of the operations that derive from it.
- Legitimation: Execution of the contract / operation. Real estate commercialization agreement (mandate) / Property search request, etc … by which individual relationships are regulated with the interested party and which serves as a legal basis to formalize and maintain products and services with Caralca.
- Mandatory data: Without them it is not possible to produce a contract.
- Prevention of money laundering
- Description: The Interested Party has been informed that current legislation on the prevention of money laundering requires Caralca to obtain from its clients the information on their economic activity and perform a verification of it, when the contract in question is executed so require it.
- Legitimation: Compliance with a legal obligation. Foreseen in Law 10/2010 on the prevention of money laundering and the financing of terrorism and its development legislation.
- Mandatory data: Without them, contractual relationships in which access to these personal data is required cannot be formalized.
- Treatment of data related to compliance with monetary obligations.
- Description: Caralca will be able to consult the common solvency and credit files in the measure that is necessary to judge the economic solvency of the interested party, in those contractual relations that imply deferred payment or periodic billing as lease agreements for own assets or those of third parties’ owners commercialized by Caralca. Consequently, Caralca will be able to deal, in its case, data obtained from the issuing entities of reports regarding its financial or credit solvency.
- Legitimation: Compliance with legal obligation / execution of the contract and / or application. Provided in article 29 of the Organic Law 15/1999 and in article 42 of the Royal Decree. 1720/2007, of December 21, by which approves the Regulation of development of the Organic Law 15/1999, or regulations that substitute or modify it.
- Mandatory data: Without them it is not possible to hire
- Transfer of data for the prevention of fraud
- Description: Transfer of data for the prevention of fraud between Caralca and the group companies, subsidiaries and affiliates, or third parties
- Legitimation: Legitimate interest
- Mandatory data: It is necessary for Caralca to mitigate the loss resulting from fraud and prevention of it
- Video surveillance.
- Description: It is reported that offices, buildings and corporate centers of Caralca may be equipped with surveillance camera systems. The surveillance camera systems are installed in order to control the entry and exit in the different offices, as well as for Caralca security purposes. Caralca may not use surveillance cameras in a manner that is incompatible with the purpose expressly described and commits to keep the images collected in good faith and in accordance with the purpose described.
- Legitimation: Legitimate interest. Caralca will be able to install, for its security, that of its employees and interested third parties video surveillance systems in its establishments or offices where the images of the interested parties are registered for the purposes of security and access to them.
- Mandatory data: To access the premises, offices or buildings of Caralca, not being able to access them otherwise.
- Treatment of biometric data
- Description: It is reported that Caralca will be able to enable devices or tablets for digitalization of writing and signing, and other biometric readers (of physical, physiological or behavioral characteristics) such as retina scanners, voice, facial images and fingerprints or fingerprint data, among others, available through their offices, mobile managers, or centers, for the subscription by the Interested Party of requests, instructions, contracts, declarations or documents of all kinds. All this requires the treatment and conservation of bio dataMetrics of the interested party obtained through the digitalization of the signature and registration of said data in order to be able to prove the identity of the signer and the authenticity of the documentation.
- Legitimation: Consent of the Stakeholder
- Mandatory data: In the case of subscribing the documents biometrically by the Interested Party, they are necessary for the management and accreditation of the consent granted biometrically in the context of the development or execution of the contract / operation. If the process available to formalize and execute the contract is exclusively with biometric data processing, without the consent of the interested party, that product or service cannot be contracted.
- Modeling for commercial purposes.
- Description: So Caralca can offer interested parties and send them by any means, including electronic means, communications with offers and commercial proposals related to products or services marketed by Caralca or belonging to third parties with which Caralca or group companies sign an agreement. The consent of the interested party is required for Collaboration agreement, as well as for marketing purposes and to facilitate access to promotional advantages, during the contractual relationship and once it is finalize,. For such purposes, Caralca may prepare profiles for commercial purposes, based on the analysis of the personal data provided by us at any time, or those that may be obtained through other sources of access or public information, social networks or data. of navigation through cookies. Additionally, and in order to offer the services and products that best suit your request and evaluate the quality of the service provided, we inform you that your data may be used for the realization by Caralca of surveys aimed at that end.
- Legitimation: Consent of the Interested Party, except for specific cases in which there is a legitimate interest. It is based on the consent of the Interested Party that may be revoked at any time, without prejudice to Caralca’s ability to process and communicate personal data without the need to obtain prior consent in the cases covered by a legitimate interest on the part of Caralca.
- Voluntary data: In the event that consent is not granted, it does not prevent the maintenance of the contractual relationship or the performance of the respective operation in which the formalization is requested. Without prejudice to this, there will be specific cases where the supposed legitimator is the legitimate interest, and in the cases provided by law by article 21.2 of Law 34/2002, of July 11, on services of the information society and commerce electronic.
- Assignment to entities of the Caralca Group
- Description: The transfer of personal data of the interested parties for the purposes and in the same terms expressed and to the companies referred to in section 7.1. above, as well as the transfer by them of the personal data to Caralca and companies belonging to the Caralca Group, its subsidiaries or investees, if the interested party consents to the communication of their data between Caralca and the same. The sending of information regarding contracts and operations, as well as proposals and commercial offers may be remitted in a grouped manner.
- Legitimation: Consent of the Interested Party. The consent may be revoked at any time.
- Voluntary data: In the event that consent is not granted, it does not prevent the maintenance of the contractual relationship or the performance of the respective operation in which the formalization is requested.
- Non-customer call recording
- Legitimation: Consent of the interested party
- In order to be able to monitor the different calls that can be received from non-customers in order to carry out a quality control of calls and information related to the products and services provided to them, as well as security of them, Caralca can record telephone calls.
- In any case, the non-client Interested Party will be informed of the recording of the call and may not consent and end the call.
- Recording of customer calls
- Legitimation: Legitimate Interest
- In order to be able to monitor the different calls that can be received from customers in order to carry out quality control of calls to improve customer service and information regarding the products and services provided to customers. same, as well as security of the same, Caralca, based on its legitimate interest, can record phone calls. In any case, the Interested party who does not want to use the telephone or does not want the recording to take place will be able to carry out the management or consultation that he considers before any Caralca office.
- Treatment of anonymised and pseudonymous data
- Legitimation: Legitimate Interest
- In some casesin which Caralca needs to perform certain analyzes, it will proceed to the complete anonymization of personal data of the Interested Party, making it impossible to link the information directly or indirectly with a person. In this case, it will be aggregate data, which in no case will be able to associate the information with the affected one, that is, it is a process of irreversible anonymization.
- Likewise, in order to maximize technical security measures, Caralca will carry out pseudonymisation processes.
- Verification or extension of data
- Legitimation: Legitimate Interest
- Caralca will be able to update the data of the Interested Party, either through personal data that he himself provides us, either with data that are manifestly public such as those derived from open profiles of social networks or access to any source that is protected by a legal authorization (public records or credit information systems). In order to be able to comply with the principle of accuracy of the data, based on its own legitimate interest, it will proceed to the verification or constant expansion of the data of the Interested Party.
THE ORIGIN OF DATA
Personal data provided by the interested party at any time, as well as those derived from the transactions carried out by same with Caralca, to which it has knowledge on the occasion of requests, preliminary deals, proposals of the referred products and services or derivatives of any relationship that you maintain with Caralca, or the data from third parties with respect to those that you have authorized access to Caralca, or those that may be obtained through other sources of access information or public, social networks, browsing data through cookies, or even those obtained through the use of automatic techniques based on current, historical and statistical data such as residence, patrimonial capacity or income, and consumption data. Also, sometimes as a result of the product they wish to hire, the parties may communicate data from third parties. The interested party will be obliged to inform, and in such case, to obtain the consent of these third parties to communicate the data to Caralca for the purposes that are necessary as a result of contracting the specific product.
DEADLINE FOR CONSERVATION OF DATA
Caralca will keep the data of the Interested Party during the validity of the contractual relationship and once it is over during the limitation period of the actions that may derive from the product / operation contracted by the Interested Party. For merely illustrative purposes, Articles 1962-1972 of the Civil Code set deadlines for the prescription of actions that may go up to thirty years, depending on the type of action to be exercised. Likewise, Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism require the obligation to keep the documentation of the Interested Party for a minimum period of ten years.
Authorities or official bodies of other countries located both inside and outside the European Union, within the framework of the fight against the financing of terrorism and serious forms of organized crime and the prevention of money laundering. – Courts and Tribunals, State Security Forces and Corps, in case Caralca may be required to communicate personal data only in cases where the Interested Party has consented to said data transfer or is based on legitimate interest.
How does Caralca obtain the consent of the Interested Party? Through the registration and update documents in the Caralca systems, the Interested Party may consent to each of the treatments detailed in this Informative Annex that are subject to consent. The interested party may choose to consent each one of them or all of them in their entirety, in any case, all the treatments are clearly differentiated. Likewise, there will be occasions when the consent of the Interested Party is made at the moment in which the order or contracting of the specific product or service offered by Caralca takes place.
RIGHTS OF THE INTERESTED
You can, in the terms established in the data protection regulations, revoke at any time the authorization granted for the processing of personal data, as well as exercise the rights of access, rectification, deletion, limitation, deletion and portability and not be object of automated decisions by writing to the unit ‘PD Rights’, through your address, Avenida Luis Fuentes Bejarano No. 60-6th floor (Seville) 41020 Spain, through the following email address: firstname.lastname@example.org , through any of its offices or the remote system that Caralca has established at any time. Specifically, you can exercise your right of opposition at any time on all those treatments whose legitimacy is based on the legitimate interest of Caralca. Finally, in the event that the Interested Party deems it necessary, he / she can contact the Spanish Agency for Data Protection (AEPD), located at Calle Jorge Juan, 6, 28001, Madrid, in order to safeguard their rights.
To learn more about data protection, you can click on: LPD Regulation