Legal Notice / Privacy Policy

In accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following information is provided:

1. IDENTIFYING DATA

You are visiting the website www.pepaloves.com, owned by PEPA KARNERO SL, with its registered office at Calle Manuel Franco Cubeiro, 32, 29620, Torremolinos, Málaga, with NIF (Tax ID) B-92.387.521, registered in the Commercial Registry 5 of Málaga, in Volume 1/186/89, Page 14, Protocol 2002/4162/N/20, hereinafter, the OWNER.

You can contact the Owner by any of the following means:

Telephone: (+34) 952 378 067

Contact email: info@pepaloves.com

 

2. USERS

This document informs you of the terms and conditions that regulate the access and use of the Owner's website and/or app, as well as the associated services and content. The access or use by any interested party implies the acquisition of the status of "user" and, with that status, a series of rights and obligations.

For the purposes described above, we inform you that it is your responsibility to access the legal conditions inserted on this website, as well as the privacy policies, cookies, or, where applicable, conditions of sale, and to read them carefully. We recommend that you:

• Visit them each time you intend to access or use the site's services and content.

• Print or store a copy on your system.

3. USE OF THE PORTAL

This website provides access to a multitude of information, services, programs, or data (hereinafter, "the content") on the Internet belonging to the Owner or its licensors to which the User may have access.

The User assumes responsibility for the use of the portal. This responsibility extends to any registration that may be necessary to access certain services or content. In such registration, the User will be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with a password for which they will also be responsible, committing to make diligent and confidential use of it.

The User agrees to make appropriate use of the content and services (e.g., chat services, discussion forums, or newsgroups) that the Owner offers through its portal and, by way of example but not limitation, not to use them to:

• Engage in illicit, illegal, or activities contrary to good faith and public order.

• Disseminate racist, xenophobic, pornographic-illegal content or propaganda, or content that advocates for terrorism or violates human rights.

• Cause damage to the physical and logical systems of the Owner, its suppliers, or third parties; introduce or spread computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage.   

   

• Attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.    
  

• Use the website or the information contained therein for commercial, political, or advertising purposes, and for any commercial use, especially in the sending of unsolicited emails.

The Owner reserves the right to remove all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or safety, or that, in its judgment, are not suitable for publication. In any case, the Owner will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

 

4. PRIVACY POLICY

The purpose of this policy is to inform interested parties about the various data processing activities carried out by this organization through the website that affect their personal data, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

 

4.1. IDENTIFICATION AND CONTACT DETAILS OF THE CONTROLLER

 PEPA KARNERO SL, with registered office at Calle Manuel Franco Cubeiro, 32, 29620, Torremolinos, Málaga, with NIF B-92.387.521, contact telephone 952 378 067 and email info@pepaloves.com.

4.2. PURPOSES OF THE PROCESSING OF YOUR PERSONAL DATA

WEBSITE USERS/NAVIGATORS We will process the personal data provided to:

• Address requests, complaints, and incidents reported through our contact channels on the website.

• Understand the behavior of the navigator on the web to detect possible cyber-attacks on our website.

• Comply with the legal obligations that are directly applicable to us and regulate our activity.

• Protect and exercise our rights or respond to claims of any kind.

• Where applicable, send commercial communications related to the goods or services that make up our activity and/or news or newsletters related to our sector. Your refusal to provide us with authorization will make it impossible for the entity to send you information.

• Where applicable, manage your participation in contests and promotions carried out by the entity. Your refusal to provide authorization will make it impossible to participate.

• Where applicable, send satisfaction and/or quality surveys. Your refusal to provide authorization will make it impossible to evaluate the service provided.    
  

• Manage your registration on the entity's web platform and generate a username and password. Your refusal to provide authorization will make it impossible to register on the platform.  

   

CUSTOMERS In addition to the purposes indicated in the "Website Users/Navigators" section, we will process your personal data provided to:

• Manage the commercial relationship.

• Manage matters related to the shipment and receipt of the purchased product.

• Carry out administrative, accounting, and tax management.

 

4.3. LEGAL BASIS FOR PROCESSING

WEBSITE USERS/NAVIGATORS

• In the consent you have given us to process your data for the indicated purposes. Refusal to provide your personal data will make it impossible to process your data for the mentioned purposes.

• To comply with the legal obligations that apply to us. In this case, the data subject may not object to the processing of personal data.

• In our legitimate interest to protect our image, business, and reputation by preventing attacks on our website. In this case, the data subject may not object to the processing of personal data, although they may exercise, where appropriate, the rights recognized in the "rights" section of this policy.

CUSTOMERS

• Execution of a contract to which you are a party or application of pre-contractual measures. Refusal to provide your personal data will make it impossible to process your data for the mentioned purposes.

• In the consent you have given us to process your data for purposes unrelated to the development or execution of the existing contract. Refusal to provide your personal data will make it impossible to process your data for the mentioned purposes.

• To comply with the legal obligations that apply to us. In this case, the data subject may not object to the processing of personal data.

• In our legitimate interest to protect our image, business, and reputation by preventing attacks on our website. In this case, the data subject may not object to the processing of personal data, although they may exercise, where appropriate, the rights recognized in the "rights" section of this policy.

 

4.4. WEBSITE PLUGINS AND TOOLS

Google Maps We use Google Maps (API) to show you interactive maps directly on our website and allow you to use its features. For these purposes, you should be aware that when using the service, Google will collect and store information about your use. We inform you that the use of Google may involve International Data Transfers not based on an adequacy decision of the European Commission nor on the offer of adequate guarantees, and therefore, they do not have an ideal level of protection in accordance with the provisions of the GDPR. For the appropriate purposes, we inform you that this may entail certain risks for the protection of your personal data. Such risks may include the absence of an equivalent supervisory protection authority and/or data processing protection principles and/or equivalent data subject protection rights. For all these reasons, we recommend that you carefully read our provider's privacy policy beforehand by clicking https://policies.google.com/privacy?hl=en.

Google Analytics Provided we have your consent, we will use Google Analytics for statistical purposes to understand how you interact with our website or, where appropriate, to know the performance of your advertising campaigns, through so-called cookies. For these purposes, you should be aware that when using the service, Google will collect and store information to evaluate your use of the website, compile reports on website activity, and provide other services related to website activity. We inform you that the use of Google may involve International Data Transfers not based on an adequacy decision of the European Commission nor on the offer of adequate guarantees, and therefore, they do not have an ideal level of protection in accordance with the provisions of the GDPR. For the appropriate purposes, we inform you that this may entail certain risks for the protection of your personal data. Such risks may include the absence of an equivalent supervisory protection authority and/or data processing protection principles and/or equivalent data subject protection rights. For all these reasons, we recommend that you carefully read our provider's privacy policy beforehand by clicking https://policies.google.com/privacy?hl=en.

 

4.5. DATA RETENTION PERIODS OR CRITERIA

The personal data provided will be kept for the time necessary to fulfill the purposes for which they were initially collected.

Once the data are no longer necessary for the processing in question, they will be kept duly blocked to be made available, where appropriate, to the competent Public Administrations and Bodies, Judges and Courts, or the Public Prosecutor's Office, during the statute of limitations for actions that may arise from the relationship maintained with the client and/or the legally stipulated retention periods.   

 Data blocking period:   

• THE CIVIL CODE. Between 5 or 15 years depending on the case, in accordance with the provisions of article 1964.2 of the mentioned legal body.   

  
  

• THE COMMERCIAL CODE. For 6 years, in accordance with the provisions of article 30 of the mentioned legal body. It applies to commercial information (invoices issued and received, receipts, corrective invoices, bank documents, etc.).

• THE GENERAL TAX LAW. For 4 years, in accordance with the provisions of articles 66 to 70 of the mentioned legal body. It applies to information related to tax obligations.

 

4.6. AUTOMATED DECISIONS AND PROFILING

The website does not make automated decisions or create profiles.

4.7. RECIPIENTS

 During the period of processing your personal data, the organization may transfer your data to the following recipients:

• Judges and Courts.

• State Security Forces and Bodies.

• Other competent public authorities or bodies, when the controller has a legal obligation to provide the personal data.

• Where applicable, to those Data Processors who provide us with services.

• Banks and Financial Institutions.

• Courier companies for the delivery of the purchased product.

 

4.8. INTERNATIONAL DATA TRANSFERS 

The organization does not carry out any International Data Transfers. If it becomes necessary to carry out international data transfers in the future, the level of protection of the destination country will be verified and the guarantees required by the regulations will be adopted.

 

4.9. SOCIAL NETWORKS

 To make you a participant in our activity and so that you can be aware of our news, we inform you that PEPA KARNERO SL has created a profile on Social Networks.   

All users have the opportunity to join our social networks or groups. However, you should bear in mind that unless we request your data directly (for example, through marketing actions, contests, promotions, or any other valid way), your data will belong to the corresponding Social Network. Therefore, we recommend that you carefully read their terms of use and privacy policies, as well as ensure you configure your preferences regarding data processing.   

Below, we detail the links to the privacy policies of the different Social Networks where we have a presence, so you can access the privacy policies at all times and configure your profile to guarantee your privacy:

• Facebook: https://www.facebook.com/PEPALOVESbyPepaKarnero

• Instagram: https://www.instagram.com/pepaloves

 

4.10. RIGHTS

 Data subjects may request more information about the processing of their personal data and exercise, at any time and free of charge, the rights of access, rectification, and erasure, as well as request the restriction of the processing of their personal data, object to it, request data portability (whenever technically possible), or withdraw the consent given and, where appropriate, not be subject to a decision based solely on automated processing, including profiling.

To do so, you may use the forms provided by the organization, or send a written request to the postal address or email address referenced in the heading. For the appropriate purposes, we inform you that you may be asked for your ID or any other similar document in order to verify your identity, provided that this cannot be done by other less intrusive means.

If you feel your rights concerning the protection of your personal data have been violated, especially when you have not obtained satisfaction in the exercise of your rights, you can file a complaint with the competent Data Protection Control Authority (Spanish Data Protection Agency), through its website www.aepd.es.

In compliance with the provisions of article 21 of Law 34/2002 on information society services and electronic commerce, if you do not wish to receive more information about our services, you can unsubscribe by sending an email to info@pepaloves.com, with the subject line "UNSUBSCRIBE".

4.11. VERACITY OF THE DATA

 The data subject guarantees that the data provided are true, accurate, complete, and up-to-date; committing to inform of any change with respect to the data provided, through the channels enabled for this purpose and indicated in point one of this policy. They will be responsible for any damage or harm, both direct and indirect, that may be caused as a result of the breach of this obligation.

In the event that the user provides data of third parties, they declare that they have the consent of the interested parties and undertake to transfer the information contained in this clause to them, exempting the organization from any liability arising from the failure to comply with this obligation.

 

4.12. MODIFICATIONS AND UPDATES

This privacy policy may be modified/updated based on established legal requirements or in order to adapt said policy to the instructions issued by the Spanish Data Protection Agency, or as a result of changes to our website. For this reason, we advise users to periodically visit our Privacy Policy.   

If you have questions about this policy, you can contact PEPA KARNERO SL through the forms provided by the organization, or by sending a written request to the postal address or email address referenced in the heading.   

5. CONTENT. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Owner is the owner of all intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example: images, photographs, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by the Owner or its licensors.

All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution, and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the Owner, are expressly prohibited.

6. DISCLAIMER OF WARRANTIES AND LIABILITY

 The User acknowledges that the use of the website and its contents and services is carried out under their sole responsibility. Specifically, by way of mere example, the Owner assumes no responsibility in the following areas:

• The availability of the operation of the website, its services and contents, and its quality or interoperability.

• The purpose for which the website serves the User's objectives.

• The infringement of current legislation by the User or third parties and, specifically, of the intellectual and industrial property rights owned by other persons or entities.   

• The existence of malicious codes or any other harmful computer element that could cause damage to the User's or third parties' computer system. It is the User's responsibility, in any case, to have adequate tools for the detection and disinfection of these elements.    

• Fraudulent access to the contents or services by unauthorized third parties or, where appropriate, the capture, elimination, alteration, modification, or manipulation of messages and communications of any kind that said third parties may carry out.

• Damage to computer equipment during access to the website and damage to Users when it originates from failures or disconnections in telecommunication networks that interrupt the service.

• Damages or losses arising from circumstances occurring due to a fortuitous event or force majeure.

In case of forums, the use of them or other similar spaces, it must be taken into account that the messages reflect only the opinion of the User who sends them, who is solely responsible for them. Consequently, the Owner is not responsible for the content of the messages sent by the User.

7. MODIFICATION OF THIS LEGAL NOTICE AND DURATION

The Owner reserves the right to make the modifications it deems appropriate to its portal without prior notice, being able to change, delete, or add as many contents and services as are provided through it, as well as the way in which they are presented or located on its portal.

The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by other duly published ones. 

8. LINKS

In the event that http://www.pepaloves.com includes links or hyperlinks to other Internet sites, the Owner will not exercise any type of control over said sites and content. In no case will the Owner assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity, and constitutionality of any material or information contained in any of said hyperlinks and other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger, or participation with the connected entities.   

9. RIGHT OF EXCLUSION

 The Owner reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who breach the content of this legal notice.

 

10. GENERAL

 The Owner will pursue the breach of these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it in law.

 

11. APPLICABLE LAW AND JURISDICTION

 The relationship between the Owner and the User will be governed by current Spanish regulations. All disputes and claims arising from this legal notice will be resolved by the competent Spanish courts and tribunals for consumers and users.   

12. MINORS

 This website directs its services to users over 18 years of age. Minors under this age are not authorized to use our services and should not, therefore, send us their personal data. We inform that if such a circumstance occurs, the Owner is not responsible for the possible consequences that could arise from the breach of the notice established in this same clause.

 

13. SECURITY MEASURES - SSL

The Owner has contracted an SSL ("Secure Sockets Layer") certificate for its website. This SSL certificate allows for the protection of all personal and confidential information that can be handled on a website, regardless of the information being transmitted, such as from any of the website's contact forms to the server, or the data entered for subscribing to newsletters, accessing protected areas, etc.

The website address will appear in green, activating the "https" protocol that allows secure connections from a web server to the user's browser.