LEGAL DOCUMENTATION

LEGAL NOTICE AND TERMS OF USE

Dmytro Tymchenko, responsible for the website torreviejasurfing.com, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in the Spanish Law 34/2002, of July 11, on Services of the Society of Information and Electronic Commerce (LSSICE), as well as informing all users of the website regarding the conditions of use.

Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

Dmytro Tymchenko reserves the right to modify any type of information that may appear on the website, without any obligation to notify or inform users of said obligations, understanding as sufficient with the publication on the website of Surfin ’Torrevieja

IDENTIFICATION DATA

Company name: Dmytro Tymchenko
Commercial name: SURFIN’
NIF: ESX4286285M
Address: Av. Principe de Asturias, 14, 03300, Spain
e-mail: info@torreviejasurfing.com

OBJECT

Through the Website, we offer Users the possibility of accessing information about our services.

PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or service, Users will guarantee its truthfulness, accuracy, authenticity, and validity. The company will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Privacy Policy section.

COMMERCIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents shown on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and/or Commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the company harmless from any claim arising from breach of such obligations.

In no case, the access to the Website implies any type of resignation, transmission, license, or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on the 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 herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any existing intellectual creation in this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected as rights. copyright by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics, and any other content of the Website or, in any case, it has the corresponding authorization for the use of said elements. The content provided in the Website may not be reproduced in whole or in part, nor transmitted, or recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, by written, of the aforementioned Entity.

Likewise, it is forbidden to suppress, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving, in any case, the company the exercise of whatever means or legal actions correspond to it in defense of its legitimate intellectual and commercial property rights.

OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE

The User agrees to:

  1. Make proper and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) generally accepted morals and good customs and (iv) public order.
  2. Provide all the means and technical requirements that are needed to access the Website.
  3. Provide truthful information when filling in the forms contained in the Website with your personal data and keeping them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties by the information provided.


Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. Make unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  2. Access or attempt to access restricted areas or resources of the Website, without complying with the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Website, its suppliers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.
  5. Try to access, use and/or manipulate the data of the company, third-party providers, and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. 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 content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtain and try to obtain the contents using means or procedures other than those that, depending on the case, has been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, from those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
  9. In particular, and merely indicative and not exhaustive, 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 that:
    • In any way is contrary, disparages or violates fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
    • Induce, incite, or promotes criminal, denigrating, defamatory, violent actions or, in general, contrary to the law, morals, generally accepted good customs, or public order.
    • Induce, incite or promote discriminatory actions, attitudes, or thoughts by reason of sex, race, religion, beliefs, age, or condition
    • Incorporate, make available or allow access to products, elements, messages, and/or services d criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induce or may induce an unacceptable state of anxiety or fear.
    • Induce or incite to get involved in dangerous, risky, or harmful practices for health and mental balance.
    • It is protected by the corresponding intellectual or industrial protection legislation. to the company or to third parties without the use that is intended to have been authorized.
    • Is contrary to honor, personal and family privacy, or people’s own image.
    • Constitutes any type of advertising.
    • Includes any type of virus or program that prevents the normal functioning of the Website.


If to access some of the services and/or contents of the Website, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its adequate custody and confidentiality, agreeing not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by third party.

Likewise, it is obliged to notify the company of any fact that may imply an improper use of its password, such as, by way of example, its theft, loss or unauthorized 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 its password, being its responsibility for any illegal use of the contents and/or services of the Website by any illegitimate third party. If you negligently or willfully breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the company from such breach.

RESPONSIBILITIES

Continued access is not guaranteed, nor the correct viewing, downloading, or usefulness of the elements and information contained in the web that may be impeded, hindered, or interrupted by factors or circumstances that are beyond its control. It is not responsible for the decisions that may be taken as a result of access to the content or information offered.
The service may be interrupted, or the relationship with the User immediately resolved, if it is detected that a use of its Website, or of any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, losses, claims, or expenses derived from the use of the Website.

It will only be responsible for eliminating, as soon as possible, the contents that may cause such damages, as long as it is notified. In particular, we will not be responsible for the damages that could be derived, among others, from:

  1. 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 by any other cause beyond the control of the company.
  2. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  3. Improper or inappropriate abuse of the Website.
  4. Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The administrator of the website reserves the right to withdraw, totally or partially, any content or information present on the Website.


The company excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by the Users of the Web Space. Likewise, it 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 queries and doubts. On the other hand, in case of causing damages due to illicit or incorrect use of said services, the User may be claimed for the damages caused.

You will hold the company harmless from any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you undertake to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

HYPERLINKS

The User undertakes not to reproduce in any way, not even through a hyperlink, the Website, as well as any of its contents unless expressly authorized in writing by the person responsible for the file.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this, the company is not responsible for the content of said Websites, nor is it in a position of guarantor and/ or party offering 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 main page of the Website exclusively for private and non-commercial use. The Websites that include a link to our Website (i) may not falsify their relationship or affirm that such a link has been authorized, or include brands, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered of bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the address of the Website, without allowing the Website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. The company may request, at any time, to remove any link to the Website, after which it must immediately proceed to its removal.

The company cannot control the information, content, products, or services provided by other websites that have established links to the website.

DATA PROTECTION

To use some Services, the User must previously provide certain personal data. The company will automatically process this data and apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD, and LSSI. The User can access the policy followed in the treatment of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

COOKIES

The company reserves the right to use “cookie” technology on the Website, in order to recognize you as a frequent User and personalize the use you make of the Website by pre-selecting your language, or more desired or specific content.

The cookies collect the IP address of the user, with Google being responsible for the processing of this information.

Cookies are files sent to a browser, through a Website, to record the User’s browsing on the Website, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser to get more information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer the User’s browsing or advertising preferences, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.

DECLARATIONS AND WARRANTIES

In general, the contents and services offered on the Website are merely informative. Therefore, when offering them, no guarantee or declaration is given in relation to the contents and services offered on the Website, including, by way of example, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

FORCE MAJEURE

The company will not be responsible at all in the event of inability to provide service if this is due to prolonged interruptions of the electricity 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 event.

DISPUTE RESOLUTION. LAW AND JURISDICTION

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. For the resolution of any controversy, the parties will submit to the Courts and Tribunals of the registered office of the Responsible for the website.

In the event that any stipulation of these General Conditions of Use turns out to be unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the company will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.

PRIVACY POLICY

DATA OF THE RESPONSIBLE FOR THE FILE

Identity: Dmytro Tymchenko – CIF: ESX4286285M
Commercial Name: SURFIN’
Address: Av. Principe de Asturias, 14, 03300, Spain
Telephone: 613 00 86 86
Email: info@torreviejasurfing.com

PURPOSES OF THE TREATMENT

We inform you that the data you provide us by any means (website, email, telephone, paper forms, and/or any other document) will be incorporated into a file owned by SURFIN’.

SURFIN ’will treat the information that interested persons provide us with the following purposes:

  • Manage any type of request, suggestion, or request about our professional services made by interested persons.
  • Commercial communications: Processing of your data in order to inform you about activities, articles of interest, and general information about our services via email.
  • Manage data provided by job candidates through the Curriculum vitae (CV). SURFIN’ will treat your data and information provided for the selection processes with the strictest confidentiality, adopting the necessary technical and organizational measures to avoid loss, misuse, alteration, and/or unauthorized access. Data conservation: We also inform you that SURFIN’ may keep your Curriculum vitae for a maximum period of one year, once this period has concluded, it will automatically be destroyed, in compliance with the principle of data quality.
  • Sending promotional communications electronically and newsletters: Processing of your data in order to inform you about our services, offers, promotions, and articles or content (newsletter, e-book), which may be of interest to you, electronically (e-mail, SMS, WhatsApp) and/or telephone.

Interested persons may unsubscribe from these communications at the following email address: info@torreviejasurfing.com.

LEGITIMATION

The legal basis for the treatment of the data is the consent of the interested persons for the processing and management of any request for information or consultation about our professional services, as well as for the sending of commercial communications carried out by SURFIN’.

How do we obtain your data?

SURFIN’ obtains your personal data from the following sources:

  1. The information that you provide us when you contract and maintain products and/or services with us, both directly and indirectly.
  2. External sources of information, such as official newspapers and magazines, public records, resolutions of the Public Administrations, telephone directories, lists of people belonging to professional associations, official lists for the prevention of fraud, social networks, and the Internet, as well as third-party companies to which that you have given your consent for the transfer of your data to credit, financial and insurance entities.


In particular, the data that we will process includes the following categories: identifying data, data referring to your personal characteristics and social circumstances, academic and professional data, commercial information.

How long will we keep your data?

We will process your personal data for as long as it is necessary for the purpose for which it was collected. If you cancel all contracts, you will be able to:

  1. Maintain consent to carry out commercial actions: we will process your data for commercial actions that you have consented to. We will consider that you have chosen this option if you do not expressly revoke consent.
  2. Revoke consent to carry out commercial actions: we will cancel your data by blocking it.


With this blocking, SURFIN’ will not have access to your data and will only process them for making them available to the competent Public Administrations, Judges, and Courts or the Public Prosecutor’s Office, for the attention of possible responsibilities related to the treatment of the data, in particular for the exercise and defense of claims before the Spanish Agency for Data Protection. We will keep your data blocked during the periods provided for in the applicable provisions or, where appropriate, in the contractual relationships maintained with SURFIN’, proceeding to the physical deletion of your data once said periods have elapsed.

RECIPIENTS

No personal data is transferred to third parties, except legal provision. Nor are international data transfers made to third countries.
As treatment managers, we have contracted the following service providers, having committed to compliance with the regulatory provisions, applicable in terms of data protection, at the time of their contracting:

  • Public Bodies, Tax Agency, Judges and Courts and, in general, competent Authorities, when SURFIN’ has the legal obligation to facilitate them.
  • Google LLC, with its address at 1600 Amphitheater Parkway, 94043, Mountain View (California), United States, provides Google Workspace services, consisting of cloud computing and email services.
    You can consult the privacy policy and other legal aspects of said company at the following link: https://www.google.com/intl/es/policies/privacy/
    Google participates and has certified its compliance with the framework of the agreement between the US and the European Union called Privacy Shield, having committed to submitting all personal information received from member countries of the European Union to the principles derived from the Privacy Shield.
    You can learn more about the Privacy Shield on the US Department of Commerce website: https://www.privacyshield.gov/welcome
    You can also check Google’s adherence to the Privacy Shield at the following link: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
  • Facebook Ireland, Ltd. with its address at 4 Grand Canal Square Grand Canal Harbor Dublin 2, Ireland. You can consult the privacy policy and other legal aspects of said company at the following link: https://es-es.facebook.com/privacy/explanation.
    Facebook participates and has certified its compliance with the framework of the agreement between the US and the European Union called Privacy Shield, having committed to submitting all personal information received from member countries of the European Union to the principles derived from the Privacy Shield.
    You can get more information about the Privacy Shield on the US Department of Commerce website: https://www.privacyshield.gov/welcome


SURFIN’ follows strict criteria for the selection of service providers in order to comply with their obligations in terms of data protection and undertakes to sign with them the corresponding data processing contract through which it will impose, among others, the following obligations: apply appropriate technical and organizational measures; treat personal data for the agreed purposes and only attending to the documented instructions of SURFIN’, and delete or return the data to SURFIN’ once the provision of services is completed.

SOURCE

The personal data is obtained directly from the interested persons and from our collaborators. The categories of personal data that our collaborators provide us are the following:

  • Identification data.
  • Postal or electronic addresses.


Specially protected data is not processed.

RIGHTS

RIGHT OF ACCESS, RECTIFICATION AND DELETE:

Interested persons have the right to obtain confirmation on whether SURFIN’ is treating personal data that concerns them, or not. Interested persons have the right to whether to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. These rights may be exercised through any means of communication in front of SURFIN’ at the address indicated above, attaching a photocopy of the ID of the data owner or by e-mail info@torreviejasurfing.com.

RIGHT TO LIMITATION AND OPPOSITION:

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. SURFIN’ will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. These rights may be exercised through any means of communication in front of SURFIN’ at the address indicated above, attaching a photocopy of the ID of the data owner or by e-mail info@torreviejasurfing.com.

UPDATES AND MODIFICATIONS

SURFIN’ reserves the right to modify and/or update the information on data protection when necessary for the correct compliance with the Data Protection Regulation. If there is any modification, the new text will be published on this page, where you can access the current policy. In each case, the relationship with users will be governed by the rules provided at the precise moment the website is accessed.

COMMUNICATION CHANNEL AND SUPPORT

Interested persons may communicate any questions about the processing of their personal data or interpretation of our policy at the following address: info@torreviejasurfing.com.

RESPONSIBILITIES AND OBLIGATIONS OF THE PROVIDER

RESPONSIBILITIES REGARDING THE CONTENTS

The content of this website is of a general nature, as well as having an exclusively informative purpose and effects of our services and our business activity.

SURFIN’ is exempt from any responsibility regarding any decision made by the user of the website as a result of the information contained therein.

SURFIN’ rejects responsibility for any information not prepared by SURFIN’ or not published in a manner authorized by it under its name, as well as the responsibility arising from the misuse of the contents, as well as reserves the right to update them, to eliminate, limit or prevent access to them, temporarily or permanently.

RESPONSIBILITY REGARDING LINKS TO OTHER WEBSITES

The links introduced in torreviejasurfing.com are for informational purposes only and, therefore, SURFIN’ does not control or verify any information, content, products or services provided through these websites. Consequently, SURFIN’ declines any type of responsibility for any aspect, especially the content, related to that page.

LIABILITY IN THE EVENT THAT THIS PAGE IS THE DESTINATION OF THE LINK INTRODUCED ON ANOTHER PAGE

Regarding the links established by other pages to this site, as well as if any user, entity or website wishes to establish some type of link to the SURFIN’ website, they must abide by the following stipulations:

  • You must request authorization prior to making the link, and you must expressly state its granting.
  • You can only go to the home page.
  • The link must be absolute and complete, that is, it must take the user to SURFIN’s own address.
  • It must completely cover the entire extension of the home page screen. In no case, unless expressly authorized in writing by SURFIN’, the page that makes the link may reproduce the SURFIN’ website in any way, include it as part of its website or within one of its frames or create a browser on any of the website pages.
  • No type of erroneous or incorrect indication will be given about the SURFIN’ page.
  • If you want to include any distinctive sign of SURFIN’ such as brands, logos, names, you must have written authorization.
  • The Owner of the page that offers the link must act in good faith and will not intend to negatively affect the reputation or good name of SURFIN’.
  • It is prohibited, unless expressly authorized by SURFIN’, to register the text elements of the brand or logo, the domain name or the company name of SURFIN’ as a keyword (metatags or metanames) for the search of websites carried out through search engines.


SURFIN’ does not assume any type of responsibility for any aspect related to the web page that offers the link. The establishment of the link does not imply the existence of any type of relationship, collaboration or dependence of SURFIN ‘ with the owner of that web page.

RESPONSIBILITY TECHNICAL ASPECTS

SURFIN’ does not guarantee the continuity of the operation of the website as well as that it is operational and available at all times.
SURFIN’ is not responsible for direct or indirect damages, including damage to computer systems and the introduction of viruses on the network, derived from Internet browsing necessary to use this website.

OBLIGATION OF THE USERS

The user will be liable for the damages that SURFIN’ may suffer as a consequence of the breach of the obligations determined in this legal note.
Regarding navigation, the User undertakes to diligently and faithfully observe the recommendations established by SURFIN’ regarding the use of the site. For these purposes, SURFIN’ will address users by any means of communication through the website.

DURATION AND MODIFICATION

SURFIN ‘will have the right to modify the terms and conditions stipulated herein unilaterally, totally, or partially. Any changes will appear in the same form in which they are found in this legal notice.

The temporary validity of this legal notice coincides, therefore, with the time of its exposure, until the moment they are totally or partially modified by SURFIN’.

SURFIN’ may unilaterally terminate, suspend or interrupt the operation of this website, without the possibility of requesting any compensation from the user. After said termination, the user must destroy any information about the SURFIN’ company that he possesses in any format and that he has obtained through the site or through the communications made individually to the user by the same.

LEGISLATION AND JURISDICTION

These conditions of use are governed by Spanish law.
The users and the SURFIN’ company submit all the interpretations or conflicts that may arise derived from this legal note to the Courts and Tribunals of Orihuela.