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LEGAL NOTICE



1. LEGAL INFORMATION

In accordance with Law No. 34/2002 of July 11, on Information Society Services and Electronic Commerce, M&R PROJECT MANAGEMENT SOLUTIONS, S.L. (hereinafter referred to as GYMKANA DIGITAL TURÍSTICA) informs you that it is the owner of the Web application: www.gymkanaturistica.com. In accordance with Article 10 of the aforementioned law, the following information is provided: NIF/CIF: B66488081, Trade Register of BARCELONA, Volume: 44712, Sheet: 23, S8, Folio: B-464190, and registered office: MARIE CURIE, 8. 08042 BARCELONA, BARCELONA. The contact email address with the company is: contacto@gymkanaturistica.com.

2. USER AND RESPONSIBILITIES

Browsing, accessing, or using the Web application and all subdomains and directories included in the same domain, as well as the services or content that can be obtained through it, and all domain portals owned by GYMKANA DIGITAL TURÍSTICA, confers the status of User. By browsing the Web application of GYMKANA DIGITAL TURÍSTICA, the User accepts all established terms of use, without prejudice to the application of mandatory legal regulations in each case.

Therefore, if the provisions detailed in this legal notice do not meet your expectations, we ask you not to use the portal, as any use you make of it, as well as the services and content included, will imply the acceptance of the legal terms set forth in this text.

The Web application of GYMKANA DIGITAL TURÍSTICA offers a wide variety of information, services, and data. The user assumes responsibility for the proper use of the websites. This responsibility will extend to the truthfulness and legality of the information provided by the user in the registration and contact forms of GYMKANA DIGITAL TURÍSTICA, to access certain content or services offered by the Web application.

The use of the information, services, and data offered by GYMKANA DIGITAL TURÍSTICA will not contravene the provisions of these clauses, the law, morality, good customs, or public order, and may infringe on the rights of third parties or the operation of the Web application. In this regard, the User shall refrain from using any content for illegal purposes and prohibited by this text, which may infringe on the rights and interests of third parties or in any way harm, disable, overload, damage, or prevent the normal use of the content, other Users, or any Internet user (hardware and software).

Users shall be responsible for any damages and losses of any kind that the entity owning the Web application may suffer, directly or indirectly, due to the non-compliance with any of the obligations arising from the use of the Web application and this privacy policy.

Specifically, and purely for indicative purposes and not exhaustively, the User agrees not to transmit, distribute, or make available to third parties any information, data, content, messages, graphics, designs, audio files and/or images, photographs from this Web application.

3. DATA TRANSFER

The web application gymkanaturistica.com is a tool focused on sustainability, decentralization, off-season promotion, and gamification of local tourism, with the support of partner municipalities. In this regard, by explicitly accepting this legal notice when accessing the Web application via the QR code, the user agrees that partner municipalities may access users’ browsing statistics data on this Web application, as well as their email address for sending tourist and cultural information from the municipality.

PRIVACY POLICY

1. LINK POLICY AND DISCLAIMERS OF LIABILITY

GYMKANA DIGITAL TURÍSTICA is not responsible for the content of the web pages that users may access through the links established on its websites and states that it will neither review nor exercise any control over the content of other pages on the network.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of pages that do not belong to it and that can be accessed through the links on this Web application.

GYMKANA DIGITAL TURÍSTICA declares that it has taken all necessary measures to avoid any harm that may arise from browsing its website. Therefore, GYMKANA DIGITAL TURÍSTICA is not responsible in any way for any damages that the user may suffer due to browsing the Internet.

GYMKANA DIGITAL TURÍSTICA is not responsible for any damages or losses of any kind suffered by the user resulting from failures or disconnections in the telecommunications networks that cause the suspension, cancellation, installation, or interruption of the service of the Web application during its provision or prior to it.

Access to the www.gymkanaturistica.com Web application does not imply an obligation for the entity to verify the absence of viruses or any other harmful computer elements. It is the user’s responsibility to have the appropriate tools to detect, disinfect, and protect against harmful computer programs.

GYMKANA DIGITAL TURÍSTICA is not responsible for any damages caused to the computer equipment, documents, and/or files of the Users or third parties during the provision of the service on this Web application.

2. ADVERTISING

The Web application: www.gymkanaturistica.com may contain advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion in the Web application complies with the applicable laws in each case.

GYMKANA DIGITAL TURÍSTICA will not be responsible for any errors, inaccuracies, or irregularities that may be contained in advertising or sponsored content on this Web application.

3. MODIFICATIONS

GYMKANA DIGITAL TURÍSTICA reserves the right to make any changes it deems appropriate, without prior notice, to the content of its website, both in terms of content, terms of use, or general contractual conditions. These modifications may be made through its websites, in any manner provided by law, and will be binding as long as they are published on the Web application and until they are modified by subsequent changes.

4. INTELLECTUAL PROPERTY

The intellectual and industrial property rights arising from all the texts, images, as well as the means and forms of presentation and assembly of its pages, belong, in their own name or as assignee, to GYMKANA DIGITAL TURÍSTICA. They will therefore be protected works under intellectual property law in accordance with Spanish legislation and will be subject to Spanish and community regulations in this regard, as well as to international treaties on the matter signed by Spain, Royal Legislative Decree 1/1996 and its subsequent modifications.

Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market.

All rights reserved. In accordance with copyright law, the reproduction, distribution, public communication, and use of all or part of the content of the Web application are expressly prohibited without the explicit consent of GYMKANA DIGITAL TURÍSTICA.

Furthermore, GYMKANA DIGITAL TURÍSTICA reserves the right to take civil or criminal action it deems appropriate in case of misuse of its web pages and content or non-compliance with these conditions.

5. LSSI-CE CERTIFICATES AND DATA PROTECTION

In order to adapt the Web application www.gymkanaturistica.com, GYMKANA DIGITAL TURÍSTICA has received advice on data protection regulations and the LSSI-CE from GRUP QUALIA, which provides it with a certificate in the form of a digital image that can be displayed on this Web page.

6. LEGAL ACTIONS, APPLICABLE LEGISLATION, AND JURISDICTION

The relationship between the user and GYMKANA DIGITAL TURÍSTICA will be governed by current Spanish legislation and will be subject to the jurisdiction of the courts of BARCELONA to resolve any potential disputes between the user and GYMKANA DIGITAL TURÍSTICA.

7. COOKIE RESERVATION

GYMKANA DIGITAL TURÍSTICA reserves the right to use cookies during the user’s navigation on its websites to facilitate personalization and convenience of navigation. In accordance with the entity’s data protection policy, GYMKANA DIGITAL TURÍSTICA informs that cookies are associated with the anonymous user and their computer and do not in themselves provide the user’s personal data.

In this regard, in accordance with the judgment of the Court of Justice of the European Union of October 1, 2019, and the AEPD guide of July 2020, our “cookie policy” informs the user of the duration during which these cookies will remain active on the user’s terminal and of the possibility for third parties to access the information they store. This judgment amends Article 5(3) of Directive 2002/58 with Directive 2009/136.

Due to this judgment and the content of the AEPD guide of July 2020, the user has the option to explicitly accept or reject the use of cookies and obtain more information about them. Additionally, the user has the option to configure their browser to be notified of the receipt of cookies and, if desired, prevent their installation on their hard drive. In this regard, it is not necessary for the user to enable the cookies sent by the website, but this does not guarantee the possibility of accessing certain content or receiving personalized information during the user’s navigation.

The user agrees to refrain from reproducing, copying, distributing, making available to third parties, or publicly communicating information or transforming and modifying the contents without the permission of the corresponding rights holder.

8. PERSONAL DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data (GDPR), Organic Law 3/2018 on the protection of personal data and guarantee of digital rights, Law 34/2002 on information society services and electronic commerce, and Law 9/2014 on telecommunications, GYMKANA DIGITAL TURÍSTICA informs users of its websites that it is obliged to maintain professional secrecy regarding the personal data collected by the entity through the registration or contact forms on its pages. This obligation will continue even after the end of our commercial or contractual relationship, and under no circumstances will we disclose the personal data of visitors and clients of the site without their consent. Minors under 16 years of age cannot give their consent to an enterprise to collect and process their personal data; only their legal representatives (parents or guardians) can do so on their behalf. Companies that need to process data from minors under 16 years of age must have means to obtain the consent of their parents or guardians, for example by sending them an email with a link to an electronic form. Minors under 14 years of age cannot be asked about information regarding their family, except for the identification and contact data of their parents or guardians.

These data will be included in an automated file under the responsibility of the website administrator of GYMKANA DIGITAL TURÍSTICA in order to facilitate, expedite, and fulfill the contractual commitments between the two parties. Additionally, GYMKANA DIGITAL TURÍSTICA informs about the possibility of exercising the rights of access, allowing the website user to know the personal data held by the administrator of this page and, if necessary, receive a response within 30 days, as long as the personal data is kept; rectification, which allows correcting errors in personal data, modifying those that are inaccurate or incomplete, and ensuring the accuracy of the information; opposition, which can be requested and allows objecting to the processing of data; erasure, which allows deleting inappropriate or excessive data; restriction, which allows requesting the limitation of data processing once the right to rectification of personal data has been exercised; and portability, which allows the user to obtain a copy of the personal data they have provided on the website in order to transmit it to other services. These rights can be exercised by any means that proves the sending and receiving of the request, at the address of the administrator of this website or at the email address: contacto@gymkanaturistica.com, attaching a photocopy of the identity card or any other document proving their identity.

Unless otherwise notified by you, we will consider that your data have not been modified, that you agree to inform us of any variation, and that we have your consent to use them in the context of the relationship between the parties.

The submission of your data through the form(s) on our website is subject to the mandatory reading/acceptance of the Privacy Policy, through a mandatory checkbox at the bottom of the registration or contact form.

In accordance with Law 34/2002 on information society services and electronic commerce, in Article 21, we request your consent to carry out advertising communications or provide you with information about our entity that we consider may be of interest to you, by email or any other equivalent electronic means of communication. This consent will be granted or not by accepting the Privacy Policy in the checkbox mentioned in the registration and/or contact form, or at the time of accessing the website.

9. DATA TRANSFER

By explicitly accepting this Privacy Policy when accessing the website via the QR code, the user agrees that collaborating municipalities may access the statistical navigation data of users of this website, as well as their email address for sending tourist and cultural information about the municipality.

The user may exercise their rights of access, rectification, opposition, erasure, restriction, and portability of their data through any means that proves the sending and receiving, attaching a photocopy of their identity card or any other document proving their identity, before the collaborating municipalities.

Publication Date: 27/4/2022