Legal terms and conditions

 

 

  1. OWNERSHIP OF THE WEBSITE.

www.hellocanaryislands.com is an official website for the promotion of the Canary Islands as a tourism destination which is managed by DEC COMUNICACIÓN, S.A., as the advertising agency awarded the contract for this service (hereinafter the agency), representing PROMOTUR TURISMO CANARIAS, S.A. (hereinafter PROMOTUR), as a public company attached to the Canary Islands Government Deputy Ministry of Tourism, whose registered office is at Calle Víctor Hugo, No. 60, 35006 Las Palmas de Gran Canaria and whose Tax Identification Code (CIF) is A-35845593 and which is entered in the Mercantile Register of Las Palmas de Gran Canaria at folio 141, volume 1758, page GC-34913 (hereinafter the website).

 

  1. THE WEBSITE AND ITS LIMITATIONS OF LIABILITY: CONTENT AND ACCESS.

    1. Website content.

The website has content for the promotion of the destination of the Canary Islands, for information purposes or for the provision of services that are free of charge or available for a fee and are provided directly by PROMOTUR or its agency or by third parties (natural or legal persons) (hereinafter third parties).

 

Use of the website and its content implies the user’s full acceptance of all the conditions contained in this Legal Information and therefore any user who does not agree with its content should refrain from using the website.

 

The limitations of liability of the content website are:

      1. Information contained on the website.

The information about the destination of the Canary Islands contained on the website may be provided directly by PROMOTUR (or its agency) or indirectly through third parties.

 

Information provided through the website directly by PROMOTUR or by its agency, where applicable, is intended to be objective, as it is taken from official sources of information and/or from public knowledge and is the result of advertising and marketing products created by PROMOTUR or its agency for the purpose of promoting tourism in the Canary Islands.

 

PROMOTUR accepts no liability for any inaccuracy, imprecision or lack of truthfulness in the original sources of information used for this purpose.

 

PROMOTUR reserves the right to change the information contained on the website at any time and to suspend access to it at any time without notice.

 

PROMOTUR accepts no liability for third-party information provided through the website and neither does it review, endorse or claim as its own the third-party information included on the website.

 

The user has sole responsibility for any use made of this information.

 

 

      1. Website Services and Products

The website may provide services managed either directly by PROMOTUR or its agency, or by third parties, free of charge, without prejudice to the application of a price for certain services or products offered, in which case information will be provided to this effect in the sections where such products and services are included.

 

PROMOTUR accepts no liability, either directly or indirectly, for the lawfulness, truthfulness, usefulness, quality or reliability of the services and their content when these are not the property of PROMOTUR or are not directly managed or controlled by PROMOTUR, even though they can be accessed through the website.

 

Any contractual or non-contractual relationship, where applicable, entered into with third parties contacted through the website, including participation in contests, promotions or purchases of goods or services offered by third parties, is deemed to have been made exclusively between the user and third parties, including the agencies responsible for the foregoing. The user accepts that PROMOTUR has no liability whatsoever in relation to any damage caused as a result of negotiations, conversations and/or contractual or non-contractual relationships with advertisers or third parties contacted through the website.

      1. Links to other websites.

The website contains links to websites other than this one that are made available to the user for the sole purpose of facilitating access to other content and/or services that may be of interest to the user; these websites are not managed or controlled by PROMOTUR.

 

On entering other websites, the user must abide by the indications, notices and legal warnings established in the conditions of use of these websites.

 

The inclusion of such links does not entail any association of any kind between PROMOTUR and the owners of the linked websites.

    1. Access to the website.

      1. Users.

Any individual interested in information about the destination of the Canary Islands may use the website and shall be deemed to be a user under the terms of this Legal Information.

 

However, for certain services and products, PROMOTUR will require users to identify themselves for registration (hereinafter registered user), in which case the terms of point 4.1 and 4.3 will apply.

 

User access to the website is the sole responsibility of the person accessing the website.

 

In addition, in cases where there are discussion forums or interactive services (blogs and chats and communities on which content, messages, comments or any other items or material are posted), hereinafter interactive areas, the user is directly responsible for the use made of the interactive areas. When using these areas, the user agrees not to post, upload, transmit, distribute, store, create or publish any message, comment, data, information, text, music, sound, photograph, image, code or other material that:

 

a) is unlawful, defamatory, racially offensive, obscene, pornographic or invasive of the right to honour and privacy of third parties, contrary to public morality or may be in bad taste or offensive or contrary to the legal protection of minors or is threatening, harassing, invasive of privacy or publicity rights, abusive, hostile, fraudulent or otherwise objectionable;

 

b) would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, create liability or violate any local, regional, state, national or international law;

 

c) may infringe any patent, trademark, trade secret, copyright or any other intellectual property or contractual right of any party;

 

d) impersonates any person or entity or otherwise misrepresents the user’s affiliation or association with a person or entity;

 

e) promotes unsolicited promotions, political or public opinion campaigning, advertising, junk mail, spam, chain letters or pyramid schemes;

 

f) uses or discloses private information of a third party, including but not limited to any legally protected information such as addresses, telephone numbers, email addresses, social security numbers and credit card numbers;

 

g) may contain viruses, corrupt data or harmful, disruptive or destructive files;

 

h) has content which, in the judgement of PROMOTUR, is unacceptable or restricts or inhibits any other person from using or enjoying the interactive areas of the website or which adversely affects the availability of its resources to other users (e.g. excessive shouting, use of capital letters or continuous posting of repetitive text) or which may expose PROMOTUR or its users to any harm or liability of any type.

 

PROMOTUR or its agency has no obligation to screen, edit or monitor any of the user content posted on any interactive area and it reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or stored on the website at any time and for any reason without notice.

 

Use of the interactive areas or other parts of the website that violates the foregoing shall also violate the Legal Information of the website, which could lead, among other measures, to the suspension or cancellation of user rights in relation to the use of the interactive areas or the website.

 

 

      1. Conditions of access to the website.

PROMOTUR does not guarantee that the access to the website will not be interrupted or delayed, contain errors or omissions, or contain viruses or other elements of a similar nature.

 

PROMOTUR accepts no liability for any damage of any kind the user or a third party may experience as a result of:

 

- Lack of availability, maintenance or proper functioning of the website, its services or its content.

 

- Third party violation of the security measures of the website in relation to its content or services or the processing of personal data stored by PROMOTUR, in an unauthorised manner.

 

- In general, any use of the website, its services and/or content by the user or a third party in violation of the conditions of access and use of the foregoing as established by PROMOTUR.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

    1. Intellectual and industrial property rights to the website and its elements.

DEC COMUNICACIÓN S.A. in its own right or as an assignee, is the owner of all the intellectual and industrial property rights to the website, as well as the elements it contains (including but not limited to texts and typefaces, logos and icons, slogans, colour combinations, structure and design, choice of materials used and software, including the software needed to operate, access or use them, and similar elements).

 

PROMOTUR is the owner of the industrial property rights to the brands “The Canary Islands” and “TheCanary Islands latitude of life”.

 

The use or any form of reproduction, distribution, public communication or alteration of the foregoing, whether of any or all of the elements contained on the website and accessible through it, is therefore prohibited and legal action will be taken in such cases.

 

The user may view the elements contained on the website and may even print, copy and store them on any device or medium, provided it is solely and exclusively for personal and private use and therefore any public reproduction, distribution, public communication, alteration, publishing or any other use is strictly prohibited.

    1. Intellectual Property Rights to the promotional material for the destination of the Canary Islands on the website.

PROMOTUR or DEC COMUNICACIÓN, S.A. in its own right or as an assignee, is the owner of the intellectual property rights to the promotional material for the destination of the Canary Islands on the website (including but not limited to photographs, videos, music, sound, texts and similar).

 

 

The user may view them on the website and may even print, copy and store them on any device or medium, provided it is solely and exclusively for personal and private use and therefore any public reproduction, distribution, public communication, alteration, publishing or any other use is strictly prohibited.

 

Specifically designed sections of the website will be excluded from the foregoing when the user and third parties can use this promotional material by reproducing, distributing and publicly communicating it for the purpose of promoting the destination of the Canary Islands anywhere in the world without any limit in time.

 

    1. Intellectual property rights to content outside the website.

PROMOTUR accepts no responsibility for external content offered through the website by users or third parties and neither does it claim such content as its own or guarantee the intellectual property rights to it.

    1. Embedding PROMOTUR copyrighted material.

PROMOTUR content or promotional material that is embedded into any website, page, blog, social media platform or similar medium through embedded viewer may be amended or cancelled, without notice, by PROMOTUR, without this entailing any right of the owners or users of such media.

    1. Intellectual property rights issues.

When a user considers that any content of the website violates any intellectual property right, including copyright, they may inform PROMOTUR of this by sending an email to the following address: copyright@turismodecanarias.com, indicating “Intellectual property rights issue” as the subject. The user must also specify in the email the grounds for the incident, with reference to the legal rights the user has for reporting the issue.

 

After appropriate investigation, PROMOTUR will remove the website content that violates these rights.

  1. WEBSITE PRIVACY AND COOKIES POLICY.

The website Privacy and Cookies Policy was compiled taking into account the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Recommendation No. 2/2001, of 17 May and 1/1999, of 23 February, issued by the Working Party established under Article 29 of Directive 95/46/CE of the European Parliament and of the Council, of 24 October, and Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce.

    1. Data protection and confidentiality.

PROMOTUR informs you that, through the website, user data will be collected through forms; under no circumstances will this data be transferred to third parties without the consent of users.

      1. Data provided by the user.

Personal data requested from users through the website will be only those strictly necessary to identify users and provide them with the service requested.

 

The user must:

 

a) provide accurate, current and complete information as prompted by any registration form on the website (“Registration data”);

 

(b) maintain and promptly update the Registration data and any other information provided to PROMOTUR so that the data are accurate, current and complete;

 

(c) maintain the security of the password and identification, where applicable, in accordance with the terms of point 4.3;

 

(d) notify PROMOTUR immediately of any unauthorised use of the account or any other breach of security;

 

(e) accept all responsibility for any and all activities that occur under the account and

 

(f) accept all risks of unauthorised access to the Registration data and any other information provided to PROMOTUR.

 

In the case of forms intended to collect and treat personal data, users will be informed, before the data are collected, about the situations governed in this policy so that they may give their express, precise and unequivocal consent for the processing of their data, in accordance with the specified, explicit and legitimate purposes indicated in each case. Without this express consent, PROMOTUR will block the sending of the user’s personal data, thereby ensuring that the data are not collected.

 

When the reason for collecting the personal data no longer exists (end of contests, promotions or similar actions), PROMOTUR will remove the form and keep the personal data provided by the user, respecting at all times the purpose and conditions through which they were collected. The user will have available at all times a series of measures indicated in point 4.1.2. of this Legal Information through which to exercise the rights of access, rectification, cancellation or opposition.

 

The data that the user provides to PROMOTUR through the corresponding form, or by email, will be included in a file that is duly registered in the public register of the competent Controlling Authority, for which PROMOTUR is responsible.

      1. Rights of Access, Rectification, Cancellation and Opposition (ARCO Rights).

PROMOTUR informs you that you may exercise the rights of access, rectification, cancellation and opposition governed by Article 15 and following of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, or cancel the consent given for the processing of your data, by written communication to PROMOTUR sent to the following address: Calle Víctor Hugo, 60 Bajo, 35006 Las Palmas de Gran Canaria, Canary Islands, Spain, or by sending an email to the following address: webturismolopd@turismodecanarias.com, indicating the right you wish to exercise in the Subject line.

 

The communication must contain the following information:

 

• Full name and email address of the party concerned.

• Copy of the official document that proves their identity.

• Request indicating what is sought.

• Address for notices, date, and signature of the user.

 

PROMOTUR will be responsible for and will ensure the confidentiality and security of the personal data it collects from users through the website and undertakes to comply with its obligations of secrecy in relation to the personal data and the duty to treat them with due confidentiality. For these purposes, it will take the necessary and appropriate security measures required for the data provided by the user, in accordance with the terms of Article 9 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data and its Implementing Regulations, passed by Royal Decree 1720/2007, of 21 December, to avoid them being altered, lost, processed or accessed without authorisation.

 

PROMOTUR informs users that the exercise of these rights is strictly personal and therefore only the user may exercise them in relation to the personal data of which the user is the legitimate owner. However, in exceptional cases, a representative duly authorised by the user may exercise the rights of the user in the foregoing terms, provided the communication is accompanied by a document that demonstrates the representation.

    1. Cookies Policy.

In accordance with Article 22.2. of Law 34/2002, of 11 July, on Services of the Information Society, PROMOTUR will use data storage and retrieval devices on the terminal equipment of the user through the use of cookies, which will allow user preferences to be recorded for a subsequent visit and enhance the online experience; under no circumstances will cookies process personal data or data that will compromise their privacy.

 

User consent to accept data processing will be obtained through the use of a pop-up window that will remain in view until it has been read and accepted.

 

The website uses its own and/or third-party cookies to enhance website services by analysing user browsing habits. By deciding to continue browsing, the user consents to the use of such cookies.

 

The types of cookies used on this website and their purpose are:

 

- Authentication or user ID cookies: to maintain the session of registered users.

- Analytics cookies: to obtain information on browsing and to measure and analyse visits.

- Behavioural advertising cookies: to manage advertising spaces based on criteria such as ad display frequency and to manage advertising spaces according to the specific profile of the user.

 

The foregoing does not prevent possible storage or access of a technical nature for the sole purpose of transmitting a communication via an electronic communications network or, insofar as is strictly necessary, to provide a service expressly requested by the user.

 

Cookies installed on the user’s equipment can be blocked or removed by changing the browser option settings. Further information on how to do this can be found at the following addresses, depending on the browser installed:

 

Google Chrome

Mozilla Firefox

Internet Explorer

Safari

Safari for IOS (iPhone, iPad)

Cookies Flash

 

When using other browsers, the user may obtain information about how to set the cookies setting in the help or assistance section of these browsers.

    1. Access password privacy.

PROMOTUR may require users to register for access to and/or use of a specific service or website content, for which purpose it will provide the user with access passwords; these will be confidential, secret, personal and non-transferrable for access to and enjoyment of the aforementioned service or content as a registered user.

 

This access can be blocked by PROMOTUR when a certain number of consecutive errors occur when entering the password. The block will be removed only when the identity of the user has been satisfactorily verified.

 

The confidentiality of the access codes is the responsibility of the user, who must under no circumstances reveal them to third parties or record them on any medium that allows them to be easily discovered.

 

PROMOTUR will provide users with mechanisms to change their access passwords once users have been assigned passwords.

  1. CHANGES TO THE WEBSITE LEGAL INFORMATION.

PROMOTUR reserves the right to change any specifications of this legal information or any website policy or guideline, at any time, as PROMOTUR deems fit.

 

These changes will be valid and operational once they have been posted on the website. The post will show the date of the update and the version, where applicable.

 

Use of the website after the changes have been posted will constitute full acceptance of the changes by the user and therefore the user undertakes to check the current state of the information at every visit.

  1. JURISDICTION.

Users of the website expressly waive any other jurisdiction that may correspond to them, without prejudice to any jurisdiction arising by operation of law, and submit to the jurisdiction of the Courts and Tribunals of the city of Las Palmas de Gran Canaria [Spain] to resolve any issue that may arise from the interpretation, application and performance of these terms and conditions and to resolve any dispute that may arise in relation to the website.