Law and privacy
1.) Service Provider Identification
In compliance with the general duty of information according to Article 10 of Act 34/2002 of 11 July on Services of the Information Society and Electronic Commerce, information service providers shall provide the following data:
The owner of the website translinguoglobal.com Herman David López Jiménez, with Tax Identification Number 51749199-G, located on Calle Príncipe nº7, 3rd floor, door 3 (Right), Postal Code 28012, Madrid (Spain), Telephone number +34 91 143 72 57.
For the purposes of the Organic Law 15/1999 of 13 December regarding Protection of Personal Data, we inform users that the personal data provided voluntarily will be kept in the file Users, whose owner is Herman David López Jiménez. The purpose of this file is adjusting the services provided by Translinguo Global to the needs and preferences of their customers.
The owner ensures the security and confidentiality of the personal data provided. He undertakes compliance with his obligation of secrecy of personal data and its duty to keep the aforesaid data, as well as to adopt all means necessary to avoid their alteration, loss, unauthorized treatment or use. Therefore, all the information you provide will not be ceded to third parties except in cases where there is a legal obligation to do so, or when it is needed for the correct provision of the agreed services.
You have the right to exercise, at any time, your legal rights of access, rectification, cancellation and objection, by means of a written communication to the attention of our email address by clicking here: email@example.com, or via postal mail, addressed to Hernan David López Jiménez, Calle Príncipe nº7, 3rd floor, door 3 (Right), Postal Code 28012 , Madrid (Spain).
B.- The owner will be able to modify, without prior notice, the information contained on his website, as well as its configuration and presentation.
C.- The owner is not responsible for any rule breach that may incur the user access to the website or the use of the information contained therein.
Use of disclaimers:
A disclaimer is an exemption from liability clause. We may collect the users’ authorizations, on all aspects, by placing a disclaimer right next to a tab, through which the users will accept the collection of their data or not.
The use of disclaimers will be necessary in the following cases:
- It will be inserted in each of the forms containing personal data through the website, together with a tab accepting, or not, the submission of that personal data. If there is a Contact page within the website, the aforesaid tab will be placed right next to the acceptance disclaimer.
- The personal data obtained by the service provider through forms can only be communicated to third parties to fulfil the contractual relationship objectives of the assigner and assignee, with the previous consent of the data subject (i.e the user that introduces his/her data in the form). If the service provider wanted to transfer the previously mentioned personal data, he or she will have to obtain the user’s acceptance beforehand. This can be achieved by creating a new acceptance tab, through which the user gives permission for their data to be used by third parties.
- The service provider must include the corresponding disclaimer in order to collect the User’s/Customer’s express authorization regarding advertising delivery. The User/Customer will be able to withdraw his/her consent to receive commercial communications by sending a notification at any time. The service provider will have to create easy and free procedures for this purpose, providing the necessary information to carry these procedures out.
- Customer service
- Every information service provider dedicating part of their website to electronic procurement will have to provide an internal, or external, customer service for the users. In the case of an external company, there must be a contract between both parts for the supply of said service. Customer service will have to answer every inquiry the users may have before, during or after the electronic procurement process. Furthermore, inquiries and complaints will have to be responded in a diligent way as soon as possible.
- There must be a customer service ensuring fluent communication between the user and the company. The clients will have access to this customer service in business hours. This customer service will resolve the clients’ enquiries and complaints.
- It is the company’s responsibility to keep a record listing the complaints made by the customers. The aforementioned file must be kept for, at least, 5 years.
- A “cookie” is every piece of information that can be stored automatically in data files by the browser to provide a better service by increasing the speed of the download times of the website. Furthermore, cookies also allow the server to identify the computer that is accessing it.
- The reception of cookies depends on the user and the options he or she has previously selected in his/her web browser. Users can set their browser to notify them of the reception of cookies, and block them from being installed on the users’ hard disks . Please, consult your browser’s instructions for further information.
- It is not necessary that the user allows the installation of cookies sent by the server (or the third party acting on his or her behalf) in order to use the website.
- Web servers detect IP addresses automatically, as well as the domain name used by the user. All this information is registered in a server activity file that allows the processing of the data to collect statistical measurements, to help knowing how many pages have been printed, how many visits have been received, etc.
- All this information regarding cookies is included in the Cookies Policy and can be easily accessed by the users of the website.
- Personal data in Forums, Chats and others
- Companies using newsgroups, bulletin boards, forums or chats on their website in order to collect data for advertising purposes and as a value-added service to their website, will not be able to do so, unless said collection is in accordance with the express and unequivocal consent of the user.
- Appropriate security measures must be adopted at all times in order to safeguard the integrity and confidentiality of the personal data collected, processed and/or stored. These measures shall also perform, if possible, a daily review on those users that ignore this warning. Consumers shall be informed of the level of protection that applies to their personal data and the possible limitations of the security systems used.
- Long-distance advertising
- In long-distance advertising, carried out through means of electronic communication media, the advertiser shall be identifiable at all times, in a way that recipients are able to recognize and contact him or her directly.
- The advertiser must facilitate their own personal details to the recipient, in a clear, visible, easy and accessible way (such as name, legal address, email or phone number, as well as other details that enable a direct and effective communication).
- Advertising must, at all times, comply with the law and the basic constitutional principles of equality, no discrimination, freedom of speech and truth.
- Each time long-distance advertising through electronic communication media takes place, it must be easily recognizable (it must have the word “ADVERTISING” or “PROMOTION” somewhere in the advertisement).
- Every e-mail, or similar, aimed to communicate an advertisement or promotion must have the word “advertising” at the beginning of the message, or in the subject.
- Surreptitious advertising –that is to say, the one made by taking advantage of consumer’s confusion, ignorance or any other analogous elements, and which has been created with a misleading purpose will not be accepted.
Information for the recipient
- Every advertising or promotional message sent to a user must be perfectly identifiable as such. If a direct contract offer is made, every piece of information regarding the purpose of the contract must be provided, so the recipient only needs to show his or her acceptance. Alternative communication channels shall be provided to the customer in order to clarify any doubts about the offer or promotion he/she may have.
- In case the advertisement consists of the advertising or promotion of additional services which cost is superior to that of the basic telecommunication rates, advertisers shall inform of the rates of a message or of the access to the service.
Recipients will be clearly informed of such costs before accessing the message or service. They shall have a reasonable timeframe so as to be withdraw from the service without incurring charges.
Advertising in e-mails and other analogous media
Every company shall abide to the following policies regarding advertising delivery via e-mail and other media.
- The delivery of unsolicited advertising through e-mail or other sources, that have not been specifically authorized by the recipient, is strictly prohibited. The reception of advertising is considered to be accepted by the recipients when they have given their consent by checking, in this case, a specific box.
- Every company shall ensure that their advertising or promotional e-mails contain a legal warning for the recipient, in which it reflects the possibility to withdraw their consent, in an easy way, to receive advertising or promotional e-mails.
- In any case, advertising messages shall contain the word “ADVERTISING” or “PROMOTION” at the beginning or in the subject, so they can be easily recognizable. Similarly, they shall indicate the natural or legal person on the behalf in which they are made.
- In promotional offers containing discounts, prizes and gifts (as well as the previous requirements and the rules of trade order) it shall be assured that they are identified as such, and the access to conditions and participation are shown in a clear, unambiguous way.
Advertising in non-individual communication media
Every company shall ensure that no mass advertising will take place in their website (in case of containing forums or chats) without previous authorization of the Moderator of the forum and/or the website’s owner.
Usability and accessibility of the website
Companies must guarantee, at all times, that advertising does not slow down the users’ navigation through the website and that the website’s owner will foster the website’s accessibility according to the WAI Acessibility Guidelines at level AAA as far as possible.
- Child protection
It is necessary for the members who follow this Code that their business contains clear information about the website content. In case of requiring the users’ legal age, it shall be previously communicated to the user as it shall be essential to log in. Members may choose to obtain certifications from organizations or entities in charge of regulating and identifying websites with exclusive content for adults.
Under no circumstances may advertising, either by sending an e-mail or similar, or by banners on the website, be harmful or detrimental to minors’ morale. and the following points must be guaranteed in all cases:
- Establishing an entry barrier to content considered suitable for people over 18 years of age. The user must specifically and irrefutably accept the general conditions before being able to access.
- It must comply with the principles of good faith, not allowing, as far as possible, the purchase or contracting of services offered by a minor.
- All kinds of public or private measures that promote human values will be promoted, eliminating from the websites all xenophobic, racial, sexual content, as well as all kinds of information with a destructive nature or that go against the morality and understanding of the information by virtue of the child’s age.
- Collaboration with public authorities
Companies that develop advertising and electronic commerce activities through electronic means of distance communication have the obligation to collaborate with the competent authorities, and to inform them of any relevant information to which they have had access, about allegedly criminal activities in the net (child pornography, promotion or illicit commercialization of drugs, procuring, or other activities covered under the Spanish Criminal Code).