Legal notice

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.hemisferioderecho.eu

1.GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, www.hemisferioderecho.eu, (hereinafter, Website) is held by: Sofia Moreno Cruz,

whose contact details are:

Address: c/Latina 33

Madrid, Spain.

Contact email: info@hemisferioderecho.eu

GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated into both the screen interfaces and the navigation tree (hereinafter, Contents) and all those services or online resources that it may offer to Users (hereinafter, Services).

Hemisferio Derecho reserves the right to modify at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that Hemisferio Derecho may at any time interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, free of charge without the User having to provide any compensation to be able to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of any of the Contents or Services of the Website may be done through prior subscription or registration by the User.

The User

Access, navigation and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Hemisferio Derecho, such as comments and/or blogging spaces, rely on the condition of User, so that, from the beginning of navigation on the Website, all the Conditions established here are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he/she visits the Website.

The Hemisferio Derecho Website provides a variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility will extend to:

• A use of the information, Contents and/or Services and data offered by Hemisferio Derecho that is not contrary to the provisions of these Conditions, the Law, morality, public order, or that in any other way may cause injury to the rights of third parties or the operation of the Website.
• The veracity and legality of the information provided by the User in the forms provided by Hemisferio Derecho for access to certain Contents or Services offered by the Website. In any case, the User will immediately notify Hemisferio Derecho of any event that allows the improper use of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Hemisferio Derecho reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spamming, that attack youth or childhood, public order or security or that, in its opinion, are not suitable for publication.

In any case, Hemisferio Derecho will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Mere access to this Website does not imply any type of commercial relationship between Hemisferio Derecho and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this Hemisferio Derecho Website is not directed to minors. Hemisferio Derecho declines any responsibility for failure to comply with this requirement.

The Website is primarily aimed at Users residing in Spain.Hemisferio Derecho does not guarantee that the Website complies with the laws of other countries, either in whole or in part. If the User resides or has his/her address elsewhere and decides to access and/or browse the Website, he/she will do so under his/her own responsibility and must ensure that such access and browsing complies with the local legislation applicable to him/her, and Hemisferio Derecho assumes no responsibility that may arise from such access.

ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Hemisferio Derecho does not guarantee the continuity, availability and usefulness of the Website, or of the Contents or Services. Hemisferio Derecho will do everything possible to ensure the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will not be interrupted or error-free.

Hemisferio Derecho is not responsible or guarantees that the content or software that can be accessed through this Website is error-free or causes damage to the User's computer system (software and hardware). In no case will Hemisferio Derecho be responsible for losses, damages or losses of any kind that arise from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Hemisferio Derecho is also not responsible for any damage that may be caused to users due to inappropriate use of this Website. In particular, it is not responsible in any way for any falls, interruptions, lack or defect in telecommunications that may occur.

PRIVACY AND DATA PROTECTION POLICY
Hemisferio Derecho undertakes to adopt the necessary technical and organisational measures according to the level of security appropriate to the risk of the data collected.

Laws that incorporate this privacy policy

This privacy policy is adapted to the current Spanish and European regulations regarding the protection of personal data on the Internet. Specifically, it complies with the following regulations:

• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPO-GDD).
• Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE). 

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected by Hemisferio Derecho is: Sofia Moreno Cruz (hereinafter, also the Data Controller). Her contact details are as follows:

Address: c/ Latina 33

Madrid, Spain.

Contact email: info@hemisferioderecho.eu

Personal Data Registry

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Hemisferio Derecho through the forms on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between Hemisferio Derecho and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or query from the User.

Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in article 30.5 of the GDPR is applicable, a record of processing activities is kept that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing of personal data

The processing of the User's personal data will be subject to the following principles set out in article 5 of the GDPR:

Principle of legality, loyalty and transparency: the User's consent will be required at all times after fully transparent information on the purposes for which the personal data is collected.
Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
Principle of data minimisation: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and always up to date.
Principle of limitation of the conservation period: personal data will only be kept in a way that allows the identification of the User for the time necessary for the purposes of its processing.
Principle of integrity and confidentiality: personal data will be treated in a way that guarantees their security and confidentiality.
Principle of proactive responsibility: the data controller will be responsible for compliance with the above sections.

Categories of personal data

The categories of data processed by Hemisferio Derecho are only identifying data. In no case are special categories of personal data processed within the meaning of article 9 of the GDPR.

Legal basis for the processing of personal data

The illegal basis for the processing of personal data is consent. Hemisferio Derecho undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent will not condition the use of the Website.

On occasions in which the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

Purposes of the processing of personal data

Personal data is collected and managed by Hemisferio Derecho in order to facilitate, expedite and fulfil the commitments established between the Website and the User, or to maintain the relationship established in the forms that the latter fills out or to respond to a request or query.

Likewise, the data may be used for commercial purposes of personalisation, operation and statistics, and activities inherent to the corporate purpose of Hemisferio Derecho, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time that personal data is obtained, the User will be informed about the specific purpose or purposes of the processing to which the personal data will be used; that is, the use or uses that will be given to the information collected.

Personal data retention periods

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 1 year, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that is not possible, the criteria used to determine this period.

Recipients of personal data

The User's personal data will not be shared with third parties.

In any case, at the time that personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In compliance with the provisions of articles 8 of the GDPR and 13 of the RDLOPD, only those over 14 years of age may give their consent for the lawful processing of their personal data by Hemisferio Derecho. If the data subject is under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

Hemisferio Derecho undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to avoid accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to said data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.

However, since Hemisferio Derecho cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to inform the User without undue delay when a breach of the security of personal data occurs that is likely to entail a high risk for the rights and freedoms of natural persons. Pursuant to the provisions of Article 4 of the GDPR, a breach of the security of personal data is understood to be any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights derived from the processing of personal data

The User has over Hemisferio Derecho and may, therefore, exercise the following rights recognized in the GDPR against the Data Controller:

• Right of access: This is the User's right to obtain confirmation of whether or not Hemisferio Derecho is processing his or her personal data and, if so, to obtain information about his or her specific personal data and the processing that Hemisferio Derecho has carried out or is carrying out, as well as, among others, the information available about the origin of said data and the recipients of the communications made or planned for them.

• Right of rectification: This is the User's right to have his or her personal data modified if it turns out to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure ('the right to be forgotten'?): This is the User's right, unless current legislation provides otherwise, to obtain the erasure of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and there is no other legal basis for this; the User objects to the processing and there was no other legitimate reason to continue with it; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasing the data, the Data Controller, taking into account the available technology and the cost of its implementation, must adopt reasonable measures to inform those responsible for processing the personal data of the interested party's request to erase any link to said personal data.
• Right to restriction of processing: This is the User's right to limit the processing of his or her personal data. The User has the right to obtain limitation of processing when he or she contests the accuracy of his or her personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
• Right to data portability: In the event that the processing is carried out by automated means, the User shall have the right to receive from the Data Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another data controller. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
• Right to object: This is the User's right to prevent the processing of his or her personal data or to stop the processing of the same by Hemisferio Derecho.
• Right not to be subject to a decision based solely on automated processing, including profiling: This is the User's right not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided for by current legislation.

 

Therefore, the User may exercise their rights by means of written communication addressed to the Data Controller with the reference "RGPD-www.hemisferioderecho.eu", specifying:

• Name, surname of the User and copy of the ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the ID may be replaced by any other legally valid means proving the identity.
• Request with the specific reasons for the request or information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document proving the request being made.

This request and any other attached document may be sent to the following address and/or email address:

Postal address: c/Latina 33

Madrid, Spain

Email: info@hemisferioderecho.eu

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State in which they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

The User must have read and agree to the conditions on the protection of personal data contained in this Privacy Policy, as well as accept the processing of his/her personal data so that the Data Controller can proceed with the processing in the manner, during the periods and for the purposes indicated. Use of the Website will imply acceptance of the Privacy Policy of this Website.

Hemisferio Derecho reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User.

This Privacy Policy was updated on November 22, 2021 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD)

COOKIE POLICY
Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User - on the different devices that they may use to browse - so that the server remembers certain information that will later be read only by the server that implemented it. Cookies facilitate browsing, make it more user-friendly, and do not damage the browsing device.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after the visit. However, no cookie allows the same to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to form part of the Cookie file is for the user to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the consent of the User will be necessary for the use of these cookies. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented.

Own cookies

These are cookies that are sent to the User's computer or device and managed exclusively by Hemisferio Derecho for the best operation of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow the User to be recognized as a recurring visitor to the Website and to adapt the content to offer you content that fits your preferences.

The entity(ies) in charge of supplying cookies may transfer this information to third parties, provided that this is required by law or a third party is the one that processes this information for said entities.

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies -totally or partially- installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser they are using. In the event that they reject the use of cookies -totally or partially- they may continue to use the Website, although they may have limited use of some of its features.

Changes to the Cookie Policy

The Website's Cookie Policy may change or be updated, so it is recommended that the User review this policy each time they access the Website in order to be adequately informed about how and why we use cookies.

LINKING POLICY

The User or third party who creates a hyperlink from a web page of another, different, website to the Hemisferio Derecho Website must know that:

The reproduction -totally or partially- of any of the Contents and/or Services of the Website is not permitted without the express authorization of Hemisferio Derecho.

Nor is any false, inaccurate or incorrect statement about the Hemisferio Derecho Website, or about its Contents and/or Services, permitted.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Hemisferio Derecho.

The establishment of the hyperlink will not imply the existence of relations between Hemisferio Derecho and the owner of the website from which it is created, nor the knowledge and acceptance by Hemisferio Derecho of the contents, services and/or activities offered on said website, and vice versa.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Hemisferio Derecho, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and European regulations in this field will be applicable to them, as well as international treaties related to the subject matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Hemisferio Derecho, are expressly prohibited.

In the event that the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property rights, they must immediately notify Hemisferio Derecho through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Hemisferio Derecho reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and Hemisferio Derecho shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Hemisferio Derecho, are expressly prohibited.

In the event that the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property rights, they must immediately notify Hemisferio Derecho through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Hemisferio Derecho reserves the right to file any civil or criminal actions it deems necessary for improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and Hemisferio Derecho will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.

Last modification: April 21, 2023