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General Conditions

1.- Objective of the website

These present general conditions of use for the services provided at the following URL: www.cheapcallsabroad.es (hereinafter the website), are subscribed to by ELMUELLE SERVICIOS HOSTING SL (hereinafter El Muelle) and, on the other hand, the USER.

El Muelle is the owner of said URL and its postal address is: C/Condado nº1 Bajo, in Pobra do Caramiñal, La Coruña, Postcode 15940, mercantile entity EL MUELLE SERVICIOS HOSTING SL, with fiscal identity number B-15884398 and inscribed in the Mercantile Register of LA CORUÑA in tome 2.718, folio 199 page number C-31.036, with Telephone 902 636361 and electronic mail soporte@el-muelle.net.

El Muelle is a mercantile entity whose main activity consists in the development, marketing, maintenance and assessment of all types of IT products via the Internet or other IT media, particularly those dedicated to web hosting, 902 line services, SMS services or website design.

El Muelle enables USERS to access and utilise different services and content, by placing at the disposal of the USER information and data (hereinafter CONTENTS) by means of its website, which may be supplied by either El Muelle, or third physical or judicial parties.

Access to the El Muelle website is free, without prejudice to the contracting of services which will be regulated by specific conditions established on the website.

The USER who accesses the El Muelle website knows and accepts the general conditions herewith contained, for each of the website versions provided, and the modifications which may be made to these, for knowledge of which the users must periodically access and check these general conditions.

2.- Access to the website

Access of the USERS to the website of El Muelle does not imply any sort of obligation or guarantee on the part of El Muelle.

To access the website, the USER must have access to the Internet, must pay the corresponding access and connection charges and have the required equipment and IT systems to be able to connect to the Internet, including an adequate Terminal for this purpose (computer, telephone, etc) and a modem or other analogue access device or similar.  El Muelle will not be held responsible at any time for the correct functioning of this equipment, nor for the rights of use or licences required for their use.

For correct access and use of certain contents and services of the portal, it may be necessary to download on your IT equipment certain computer programmes or other logical elements.  This installation must be made by the USER, El Muelle declining any type of responsibility which may accrue thereform.

El Muelle reserves the right to suspend or cancel access, and modify, limit or cancel all or any of the terms and conditions applicable to the website, executing the prior notice by means of the introduction of a pop-up window which will automatically open up when accessing the site.  The quality and speed with which the website is accessed will not be the responsibility of El Muelle, with the user being unable to claim any compensation whatsoever for resultant damages.

The service provided by El Muelle via its website is for an indefinite time period, and the provision of this service can be ceased at any time without cause or justified reason and without prior notice.

El Muelle will not be held responsible for any anomaly, poor functioning, deterioration, deletion of data or software which may take place on the user’s equipment or systems, as a direct or indirect consequence of the access or attempt to access the website.

3.-  Contents of the website

The language used by El Muelle on the website will be Castilian Spanish and English (and probably French), without prejudice to any other languages, national as well as autonomous, freely and without prior notice.  El Muelle will not be held responsible for the lack of understanding of the website language by the user, or of its consequences.

El Muelle may modify the contents without prior notice, as well as suppress or change any of the content of the website, rejecting any responsibility for the consequences that may affect the users.

The entire website: text, images, brands, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, order and presentation of its contents, is protected by the laws on Intellectual and Industrial Property.

To this effect, all industrial and intellectual property rights of the website belong to El Muelle, and where applicable to third parties, as well as the content it hosts.  Any use of the website or its contents will be exclusively personal.  El Muelle exclusively reserves the right to any other use of the copying, reproduction, distribution, transformation, public communication or any other similar action, in whole or in part, of the contents of the website, and no user will be entitled to carry out any of these actions without the prior authorisation in writing from El Muelle or from the third party owner of intellectual or industrial property rights.

It is strictly forbidden to use, in whole or in part, the contents for promotion, sale, contracting publicity or information without the authorisation of El Muelle, nor send publicity or information relying on the services or information placed at the disposal of the users in order to do so, regardless of whether the use of these services and/information is free or not.

It is forbidden to use the brands or commercial names, as well as any other identifying signage which is subject to intellectual or industrial property rights, without the prior express and written authorisation of the owner.

The links or hyperlinks which incorporate addresses to this website may not show, directly or indirectly, statements which are false, inexact or confusing, and can only access the website without being able to copy or reproduce this either totally or partially, nor take part in illicit or disloyal actions against El Muelle, or carry out any affirmation or action which may confuse or lead astray the person accessing the website via the hyperlink.  Hyperlinks to the website may not be included which are not solely and exclusively limited to access to the main or home page; nor can the website of El Muelle be reproduced wholly or partially on another website (frames), or the hyperlinks accessible via the same.

It is prohibited to carry out any action which may impede or make difficult access to the website by the users, as well as the hyperlinks to the third party services or contents offered on the website and, specifically, the use of El Muelle as meta-tag, or its use in any way to attract users to different websites, or make difficult or dissuade the use of this one.

El Muelle will not be responsible for the reliability and speed of the hyperlinks which are incorporated into the website or other websites.  El Muelle will not guarantee the use of the website with regard to its links to other websites, nor will it be responsible for the contents or services to which the user may gain access via these links, nor of the good operation of same.

El Muelle will not be responsible for any virus or IT programmes which deteriorate or may deteriorate the users IT equipment or systems when accessing its website or other websites which may be accessed through links from the El Muelle website.

4.-  Users of the website

Users who access the El Muelle website will do so in accordance with the Law, morality, good customs and public order, and are obliged at all times to not access the website and its contents in any manner contrary to that established and/or for illicit ends, detrimental to rights of third parties, or which may damage, deteriorate, saturate or slow down the website, to the detriment of El Muelle or third party users.  Users will not copy, distribute, diffuse, transform, modify or manipulate the contents.

El Muelle does not have available on its website any products or services at the disposal of the users wherein they need to enter any type of content or information, such as news groups, Chat, personal website or similar.  However, El Muelle does have on its website an e-mail service at the disposal of its users for the purpose of enabling users to contact El Muelle, and to do so the users agree to use this email service in accordance with the Law, good uses and customs and public order.  Users, when using the products and services where they supply information or content, will not prejudice fundamental public rights and liberties, nor will they incite or promote delinquent manifestations or acts, acts which are xenophobic, terrorist or degrading for reasons of gender, race, religions or beliefs, nor will they divulge pornographic contents or services, nor will they be apologists for violence.

Access to the contents of the website by the user will be the users sole responsibility without any repercussions on El Muelle for any consequences as a result of direct or indirect access to the website, whether of physical, logical, moral or personal nature.  El Muelle will be able to hold third parties responsible for ill-use of the website, for causing damages to third parties, as well as possible IT viruses or programmes which they may introduce, generate or store on the website and which deteriorate or may deteriorate the contents as well as the good working order of same; as well as the equipment, systems and programmes of the website users.

El Muelle may proceed against users and in particular against any reclamations, compensations, fines or administrative sanctions which may fall upon El Muelle to satisfy and which are in fact the direct or indirect responsibility of a user who has entered content, or used a service of the website, without due diligence.

All users who know of any action that is deteriorating or may deteriorate the good working order of the El Muelle website, modify or alter any of the contents of same, will communicate this situation to El Muelle,

El Muelle reserves the right to use so-called “cookies” for any function of the website.  However, USERS are informed that they can disable this use from their own computer terminal.

Both USER and El Muelle are obliged to use the Services in accordance with the Policy of Non-Consensual Publicity and, specifically, agree to:

1. Not send chains of unsolicited electronic messages
2. In the event of publicity messages from El Muelle to the USERS, they will be sent with the word “publicity” to avoid misleading.

USERS prejudiced by the receipt of unsolicited mail sent to a multitude of recipients can communicate this to El Muelle by sending a message to the email account soporte@el-muelle.net.

5.- Under Age

The under-age must request and obtain permission from their parents, tutor or legal guardian prior to being able to access the services and/or content on the website.  The access and use of the portal is prohibited to the unauthorised under-age.

El Muelle advises that there are computer programmes that allow the filter and blocking of access to specific content and services, in such a way that parents, for example, can decide which website content and services their children may and may not access.

6.- Privacy Policy

Users, who access the El Muelle website and want to obtain information about the privacy policy of the El Muelle website, can obtain information in this regard by visiting the Privacy Policy that El Muelle has established to this effect on the website.

 7.- Jurisdiction

The present conditions are subject to current Spanish legislation.  For any type of dispute derived from the use of the service provided or the content of the website itself, the parties concerned, by accepting these Conditions, agree to be subject to the Tribunals and Courts of Villa de Ribeira in La Coruña (Spain).

Privacy Policy

El Muelle wishes to make users and clients of its website aware of the policy adhered to with regard to the handling and protection of data of a personal nature of those individuals who voluntarily use the order forms to contract with El Muelle for any of the services offered on the website and which imply the communication of their personal data to El Muelle.

1.- Identification of the party responsible for the data file

El Muelle, with fiscal identification number B-15884398 and inscribed in the Mercantile Register of LA CORUÑA in tome 2.718, folio 199, page number C-31.036, informs users and clients of its website of the existence of an automated file of personal data entitled Clients, the responsible party for which is EL MUELLE SERVICIOS HOSTING SL, with head office in Pobra do Caramiñal, La Coruña, Postal Code 15940, Spain, where personal data that users and clients communicate to El Muelle is gathered and stored.

2.- Up-dating of the policies

El Muelle may modify, without prior notice, this current privacy policy whenever necessary in order to adjust it to any legislative, compulsory, jurisprudence, administrative change or for the purpose of adapting said policy to the instructions dictated by the Data Protection Agency or legitimate objective of El Muelle.  Any modification of this policy, notwithstanding the aforementioned, will be published and forewarned on the El Muelle website and in the policy itself.  Due to the afore-mentioned, El Muelle recommends to users that they periodically read these policies in order to remain aware of any changes made to them.

 3.- Purpose of the file

El Muelle does not request data on its website from users who visit it, therefore the communication of user’s personal data to El Muelle via its website is understood to only take place when users voluntarily use the order form to contact El Muelle, given that in these cases the handling of the data is inevitable and implicit in the contracting system.  For these cases and in those described in the next section, El Muelle informs the client that the handling of data is carried out for the following purpose:  the execution and completion of all processes related to the preparation of estimates, contracts and provision of services of El Muelle to the interested party who requests them.  In addition, data is handled in order to reply to communications received and for the maintenance of a business relations history.

 4.- Consent

El Muelle states that this privacy policy contains all aspects related to the handling of personal data by El Muelle as responsible entity of same.  It is also stated that when the user does not maintain business relations with El Muelle and sends an email or communication to El Muelle, indicating other personal data, said user will be giving their free, unequivocal, specific, informed and express consent to the handling of their personal data by El Muelle, for the purposes heretofore established, as well as attending to their communication or sending documentation.

To the same effect, El Muelle states that if the client sends an email to or communicates with El Muelle with their personal data due to the position they hold within a company – either as administrator, managing director, representative and/or any other position as contact person for the company, - it will be understood that said communication brings with it the free, unequivocal, specific, informed and express consent for the handling of their personal data by El Muelle, for the purposes established previously, as well as attending to their communication or sending documentation.

5.- Identification of recipients

Where El Muelle intends the cession of, or access to, data by third parties.

El Muelle only foresees the cession or communication of data where in accordance with article 11.2.c. of Organic Law 15/99 regarding protection of data of a personal nature (hereinafter LOPD) this must be effected in order to comply with their obligations to Public Administrations where applicable, in accordance with current legislation, and whenever required to other bodies such as Judges, Treasury, Tribunals or Ombudsman.

Similarly, El Muelle informs users that they will be made aware of any other cession of data that it must comply with when this is stipulated by the LOPD, informing the user expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data is required and the nature of the data ceded, or where applicable, when the LOPD establishes it, the unequivocal, specific and informed consent of the user will be first requested.

However, El Muelle informs the user and client that any handling of personal data is subject to current Spanish legislation with regard to data protection, established by the LOPD and its complementary and developing guidelines.  In this sense, El Muelle is only responsible for and guarantees the confidentiality of the data of a personal nature requested of the user via the website www.cheapcallsabroad.es, not bearing any kind of responsibility with regard to the handling and subsequent use of personal data that may take place by third party information society service suppliers that may accede to this data by reason of the provision of their services or exercise of their activity.

By third party providers of information society services will be understood – without limitation – those physical or judicial individuals who provide the following services:  a) Transmission over a communication network of data facilitated by the recipients of the service.  B)  Access services to the afore-mentioned network.  C) Data storage or hosting services.  D) Supply of content or information.  At the same time, El Muelle will not be responsible for data handled by third parties who establish hyperlinks to El Muelle or for those who via hyperlinks El Muelle sends to their websites.

 6.- Quality of data

El Muelle warns the user that, in the absence of legally constituted representation, no user may utilise the entity of another person and communicate their personal data, so the user must at all times bear in mind that they can only include personal data corresponding to their own identity and data which is adequate, pertinent, current, exact and truthful.  To this effect, the user will be the only responsible party in the face of any damage, direct and/or indirect, they may cause to third parties or El Muelle due to the use of personal data of another person, or their own personal data when this is false, erroneous, not current, inadequate or not pertinent.  Similarly, the user who uses the personal data of a third party will be responsible before this third party in the face of information obligations established in article 5.4 of the LOPD for when data of a personal nature has not been gathered from the interested party, and/or the consequences of not having informed him/her.

7.- Exercise of access,  opposition, rectification and cancellation of data rights

El Muelle informs users of the possibility of exercising their rights of access, rectification, cancellation and opposition by means of a written request addressed to EL MUELLE SERVICIOS HOSTING SL, at the following address: C/Condado nº 1 Bajo, La Pobra do Caramiñal, 15940, La Coruña, Spain.

8.- Use of contact forms by El Muelle for the collection of personal data

El Muelle includes a caption on the data gathering form which indicates all the conditions for the handling of data of a personal nature in accordance with article 5 of the LOPD, such as the obligatory or discretional nature of the replies to questions made, the consequences of obtaining the data or the failure to do so, the purposes of the data collection, the possible cessions of data that may take place and the consent for the handling of the personal data.

9.- Security measures adopted in relation to the handling of personal data

El Muelle informs users that, in accordance with the LOPD and the Regulation of Security Measures, it has adopted the technical and organisational measures necessary to guarantee the security of personal data and avoid its alteration, loss, unauthorised handling or access, bearing in mind the state of technology, the nature of the data stored and the risks to which it is exposed.  Similarly, El Muelle guarantees to the user compliance with professional confidentiality with regard to user’s personal data and its duty to protect them.

Data Protection Clause

As a consequence of registering as a client for the services provided by EL MUELLE SERVICIOS HOSTING SL and in accordance with Organic Law 15/1999, the user accepts that the personal data facilitated by him/her or to be facilitated in the future to EL MUELLE SERVICIOS HOSTING SL will be incorporated into a CLIENTS file which will belong to and be the responsibility of EL MUELLE SERVICIOS HOSTING SL, at C/Condado nº1 Bajo, Postcode 15940, Pobra do Caramiñal, La Coruña.

Data thereby registered can be used to carry out control and management of clients of EL MUELLE SERVICIOS HOSTING SL as well as for the purposes of preparing statistics, sending publicity and other commercial promotions via electronic mail, SMS, MMS or any other analogue medium of EL MUELLE SERVICIOS HOSTING SL.

The owner of the data will, at all times, have the right of access to the automated files, being able to also exercise the rights of rectification, cancellation and opposition in the terms dictated under data protection legislation.  To do so, the owner of the data must send a letter by legitimate means signed by the owner of the data, indicating address and attaching copy of National Identity Document, to the address above indicated, sending to EL MUELLE SERVICIOS HOSTING SL the confirmation of their action in accordance with the request.

Right of cancellation and rectification of data

Those individuals who wish to be deleted from the service, or wish to modify any of their data must send the correctly completed form, together with the documentation required, to the postal address C/Condado nº1 Bajo, Postcode 15940 Pobra do Caramiñal, La Coruña.

Download the data cancellation form. To view it correctly you must download Acrobat Reader.

 

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