- Legal information and acceptance
These provisions govern the use of the Allonbay Internet website service (referred to hereinafter as the ‘Website’) that the company LA VILA PROPERTY INVESTMENT OPPORTUNITIES HOLDINGS, S.L. (hereinafter referred to as ‘La Vila Property’) has made available to the Internet users.
The content of this Privacy Policy will help you find out about the data that we obtain, what we do with it, what your rights and our obligations are with regard to the users of the Website and about keeping this data away from unauthorised third parties.
La Vila Property is a Spanish company, its business address is in C/ Felipe Bergé, nº 4, 03001 – Alicante, it was set up for an indefinite period of time pursuant to the deed authorised by the Notary of Alicante, Mr Augusto Pérez-Coca Crespo, on the 19th of January, 2017, under the number 138 of his records, which was entered in the Companies Register of Alicante in Volume 4.052, Page 166, Sheet A-156.098 and assigned the TIN number B-87.735.908.
For the purposes of correspondence you can get in touch with us by phoning: +34 965 145 867; +34 679 953 435, or by sending us an email to: allonbay@allonbay.com.
Access to the website is free except for the cost of the connection through the telecommunications network supplied by the users’ service supplier.
Anyone who visits the website is considered to be a user of it (they are referred to hereinafter as the ‘Users’), which means that they accept all the conditions included in the existing “Privacy Policy” available at this address. The website service shall be supplied for a limited period of time when the Users are connected to the Website or one of the services provided through it. Therefore, Users must read this Privacy Policy very carefully whenever they decide to visit the Website, seeing as the conditions established in it might be modified. Any change made to the Privacy Policy will be published in the “Privacy Policy” section located on the home page of the Website, and it shall come into force as soon as it is published on it.
La Vila Property is entitled to modify, update or adapt this Privacy Policy to any change in the law or interpretation of the Spanish Data Protection Agency.
- Intellectual and industrial property
https://allonbay.com is the Website of La Vila Property concerning the Allonbay Project, through which different information services are provided about the property available for its visitors to buy. When you visit and use the Website, you accept the fact that its owner is entitled to modify or discontinue the pages available, the Website or temporary or permanently delete the data on it, at any time, without giving prior notification of such and without being held liable by the Users in any way. Accordingly, you also accept that La Vila Property cannot be held accountable in any way for information that is deleted, any defects in the storage of such, inaccurate content and other circumstances regarding the information on its Website.
All the content of the Website, which includes but is not limited to texts, photographs, graphs, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source codes (hereinafter referred to as the ‘Content’), are the intellectual property of La Vila Property or third parties (if La Vila Property has been given prior authorisation to use it), without any rights of use that are acknowledged by the law in force on intellectual property being granted to Users, unless it is specifically necessary to use the Website.
Access to the Website does not confer any rights on the trademarks, trade names and/or distinctive signs that appear on the Website.
- Conditions of use of the Website
3.1 General
Users must use the Website properly according to the applicable laws and this Privacy Policy. Users shall be held responsible for any damage or loss suffered by La Vila Property or third parties caused as a result of failing to comply with this obligation.
It is strictly forbidden to use the Website for illegal purposes or for anything that goes against the interests of La Vila Property or third parties or that in any other way could overload, damage or misuse the networks, servers or other hardware or products and software of La Vila Property or third parties.
3.2 Content
Users agree to use the content of the Website pursuant to the applicable laws, the existing terms and conditions and this Privacy Policy.
By way of example but not limited to, Users must refrain from doing the following in accordance with the law in force:
- Reproduce, copy, distribute, make available, publicise, transform or modify the content of the Website except for when this is authorised by the law or specifically agreed upon by La Vila Property or by whoever owns the rights of use whenever appropriate.
- Reproduce or copy, for private use, the content of the Website that could be considered to be “Software” or a “Database” in accordance with the law in force on intellectual property, as well as publish it or make it available to third parties when these acts necessarily involve the User or a third party reproducing it.
- Extract and/or reuse all or a substantial part of the content that makes up the Website and the databases that La Vila Property provides the Users with.
3.3 Data collection forms
Notwithstanding the provisions established in clause 5 of this Privacy Policy, the use of certain services or requests sent to La Vila Property, might be determined by the prior completion of the corresponding User request form.
All the information that the User provides through the Website forms for the aforesaid purposes or anything else must be true. To this end, Users must guarantee the authenticity of all the data that they provide and keep the information supplied to La Vila Property up-to-date at all times to always convey their real situation. In any case Users shall be held completely responsible for any false or inaccurate statements made and for any damage caused to La Vila Property or to third parties due to the information that is provided. To be able to supply the data to La Vila Property Users must also have all the existing legal authorisation required at all times and they shall be held responsible by La Vila Property and/or any third party for any type of contingency that might arise due to the lack of authorisation.
3.4 Inserting links in the Website
Users who want to insert links in the Website from their own web pages must comply with the conditions established hereinafter and they must read these so that they are aware of their corresponding legal responsibilities:
The link will only connect to the home page or the main page of the Website but it cannot be reproduced in any way (inline links, copy of the texts, graphics, etc.).
In any case, pursuant to the applicable law in force at any given time it is prohibited to establish frames or settings of any kind that surround the Website or help to display the content of the Website through Internet addresses other than those of the Website and in any case, when they are displayed together with the content outside the Website so that: (I) it causes or might cause an error, confusion or deceive the users about the real origins of the service or the content of the Website; (II) involve an unfair act of comparison or imitation; (III) be used to take advantage of the reputation and the prestige of La Vila Property; or (IV) is prohibited by the law in force in any way.
No false, inaccurate, or incorrect statement about La Vila Property, its employees, or the quality of the services provided shall be made from the site that inserts the link.
Under no circumstances whatsoever, shall it state in the web page the location of the link that La Vila Property has agreed to have inserted or that it sponsors, collaborates with, establishes or monitors the services of the sender.
It is prohibited to use any word, graphic or mixed trademark or any other distinctive sign other than that of La Vila Property in the web page of the sender, except for the legally permitted cases or those that are specifically authorised by La Vila Property and as long as it is allowed, in these cases, a direct link to the Website in the manner established in this clause.
The web page that establishes the link must duly comply with the law and under no circumstances whatsoever can it use or link up to its own content or that of third parties that is: (I) illegal, harmful or against moral or good customs; (II) leads to or could lead to the false concept that La Vila Property endorses, defends, adheres to or supports the ideas, statements or expressions, legal or illegal of the sender in any way; (III) are inappropriate or are not in line with the business activity of La Vila Property with regard to the place, content and subject matter of the sender’s web page.
In the event that the User thinks that there is a web page that supplies a link to the Website which has illegal or unsuitable content they can inform La Vila Property of this, whereby La Vila Property shall carry out an inquiry into this in order to take the appropriate measures.
Under no circumstances whatsoever shall the existence of a link to the Website imply that agreements have been made with those in charge of or the owners of the web page that provide this link, or that La Vila Property is being recommended, promoted or is identified with the statements, content or services supplied.
La Vila Property does not know about the content and the services of these web pages, and therefore it cannot be held responsible for any damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the content and/or services supplied in it, or for any other type of damage.
- Disclaimer
4.1 Concerning the quality of the service
Accessing the Website does not mean that La Vila Property has to make sure there are no viruses, computer worms or any other type of malware. In any case it is up to the User to have the most suitable tools available to detect, disinfect and remove malware.
La Vila Property cannot be held responsible for any damage done to the computer equipment of the Users or third parties while supplying the Website service.
4.2 Concerning the availability of the Service
Access to the Website requires the services and supplies of third parties. This includes the transmission of data through telecommunications networks, but La Vila Property cannot be held responsible for the reliability, quality, continuity and operations of such .Therefore, the services provided through the Website might be discontinued, cancelled or be totally or partially inaccessible, permanently or temporarily, prior to or at the same time as the service is being provided on the Website.
La Vila Property cannot be held responsible for any damage or loss of any type suffered by the User, which is due to faults or disconnections in the telecommunications networks that lead to the discontinuance, cancellation or the failure of the Website service while it is being supplied or beforehand.
4.3 Concerning the content and services linked through the Website
The Website access service includes technical linking devices, directories and even search engines that help the User access other pages and Websites (hereinafter referred to as ‘Linked Sites’). In any case and wherever it is appropriate, with regard to the Linked Sites La Vila Property is the provider of intermediary services pursuant to article 17 of the Law 34/2002, dated the 12th of July on Law of Information Society Services and Electronic Commerce (LSSI), and it shall only be held responsible for the content and the services supplied in the Linked Sites insofar as it has actual knowledge of the unlawfulness and has not disabled the link with the due diligence.
If the User thinks that there is a Linked Site with illegal or inappropriate content they can inform La Vila Property of this, in which case La Vila Property will then take the appropriate measures to either eliminate or disable, where appropriate, the corresponding link.
Under no circumstances whatsoever shall the existence of Linked Sites imply that agreements have been made with those in charge or the owners of these sites, or that La Vila Property has been recommended, promoted or identified by the statements, content or services provided.
La Vila Property does not know about the content and the services of the Linked Sites, seeing as they are constantly being updated and modified and therefore it cannot be held responsible for the damage caused by the unlawfulness, quality, obsolescence, unavailability, error and uselessness of the content and/or services of the Linked Sites, or for any other type of damage that La Vila Property is not directly accountable for.
4.4 User responsibilities.
Users are aware of the fact that they are solely responsible for using the Website in accordance with this Privacy Policy, which means that La Vila Property cannot be held accountable for any type of complaint or claim, including legal representation fees, even though it is not mandatory, which could be filed by a third party, due to or as a result of their behaviour or connection to this Website, the content that they supply, their violation of the terms of this Privacy Policy or any other breach of the rights of anyone else or third party.
4.5 General disclaimer
Users clearly understand and accept that La Vila Property shall not be held responsible for any type of direct or indirect, extraordinary or incidental damage, including but not limited to, damage due to the loss of profits, data or other intangible losses (even if La Vila Property has notified the User about the possibility of these losses), as a result of: (i) the use or the impossibility of using the Website, (ii) the cost of replacing the goods as a result of any transaction carried out on or through the Website, (iii) unauthorised access or the alteration of the data passed on, (iv) unauthorized transfer or transmission by La Vila Property of personal data provided by the User or any other third party, or (v) any other circumstances.
Moreover, it is clearly established that La Vila Property does not provide any specific or implied guarantees that access to the Website will not be interrupted, that there will not be any errors or viruses on it, nor does it guarantee the exactness, security, accuracy, the reliability, in any feature, or that any of the content is secure in any sense of the word.
Users accept the fact that this privacy policy might be subject to modifications that shall be published on the Website.
- Protection of personal data
La Vila Property shall uphold your right to privacy with the utmost diligence and it wants you to feel comfortable when you are browsing around its Website. Accordingly, and pursuant to the provisions of the Spanish Organic Law on Data Protection 15/1999, it hereby informs you that the data that might be obtained through the data collection forms of the Website shall be stored on a personal data computer file that La Vila Property is responsible for. This company shall keep the data confidential and process it solely in the interests of its relationship with its clients and/or users and to promote and/or market the products and services of La Vila Property and/or any other company that belongs to its group (in accordance with the definition of group provided for in article 42 of the Spanish Code of Commerce), as well as the company QUADRATIA CONSULTANTS SL with TIN B53966560 and address in C/ Felipe Bergé, nº 4, 03001 – Alicante, which has the same objective as this aforementioned company, and this firm is in charge of the Allonbay Project.
Furthermore, La Vila Property shall cancel, delete and/or block any data that is incorrect, incomplete or that is now obsolete or inappropriate for its objective in accordance with the provisions established in the law on the protection of data.
When Users press the button ‘send’ of the corresponding form they clearly accept the fact that their data might be used to provide the services requested and to send advertising about La Vila Property, any other company of its group and/or the company Quadratia Consultants, S.L., by email or by any other means.
La Vila Property has a personal data file that it uses to process your data for the corresponding purposes that is called “Clients”. The data obtained through the Website User registration form shall be included in this personal data file. No data that is considered to be especially protected by the existing regulations shall be requested.
Users can cancel their consent to have their personal data processed at any given time and also exercise their rights to access, rectify, cancel and oppose the processing of such, by writing to the address stated in clause 1. 5.2. In all the cases, to exercise their rights, Users must prove their identity by means of a photocopy of their identity document or valid passport.
La Vila Property maintains the levels of security required by the Spanish Organic Law 15/1999, dated the 13th of December on the protection of personal data (LOPD) and by the Royal Decree 1720/2007 dated the 21st of December through which the implementing Regulations of LOPD are approved. Furthermore, La Vila Property has an internal privacy and personal data processing policy, which is ideal to attain the suitable levels of protection for the data supplied by the Users, pursuant to the law in force. Nevertheless, the technical security in a medium like Internet is not unshakeable and there might be information seeping through due to deliberate attacks of thirds parties.
The processing of the personal data is subject to the principle of quality and the La Vila Property shall only request data that is strictly necessary to properly provide the services required by the Users through the Website.
As for the personal data that the Users might supply La Vila Property with for any reason while browsing on the Website, Users are informed that they must have the appropriate authorisation, pursuant to the law in force, to be able to transfer or pass on this data to La Vila Property. Accordingly, Users shall be held solely responsible for obtaining this authorisation from the parties in question, in accordance with the procedures provided for in the law, whereby La Vila Property shall not be held responsible in this sense, neither by Users or third parties. Users acknowledge and accept that with regard to the data supplied; they must not involve La Vila Property in any type of contingency that might arise over the transfer or passing on of the data in question. This data acquired by La Vila Property shall be analysed in order to make sure that if it is processed it is used for legal purposes that are in line with the business activity of La Vila Property. La Vila Property shall cancel, delete and/or block this data when it is incorrect, incoherent, useless, incomplete or unnecessary or unsuitable for its activities and objectives, pursuant to the terms established in the data protection law and without having to inform the User who has provided this data or the interested party about this.
If for any reason La Vila Property stops providing its services on this Website permanently, it shall destroy all the data stored, to maintain the adequate levels of security.
La Vila Property Website uses “cookies” in order to speed up the service supplied when a user or visitor browses around its pages, and to quickly identify each user or visitor. The cookies are automatic data collection procedures concerning the preferences determined by a user when they visit a certain website. This information is recorded in small files that are imperceptibly stored in the hardware of the corresponding user. Whenever the Users visit the website in question, these files are automatically activated so that the website is configured with the preferences established in the previous visits. In short, the cookies are physical personal data files stored in the user’s own terminal and they are clearly associated with this terminal. Nevertheless the cookies are only associated with one anonymous user, they cannot access personal data, or data on the hard drive of the user or visitor, nor can they read the “cookies” created by other information society service providers.
Users can configure their browser so that cookie files cannot be created or they are warned whenever this happens. The Website can be visited without having the “cookie” file options activated, although they might stop the security mechanisms for exclusive services or certain services that require a higher level of security from working properly. In general, the purpose of the Website cookie files is to make browsing easier for the User.
- Providing online services
The data that the User/Client willingly provides La Vila Property with is necessary to be able to satisfy their request, so if this data is not provided La Vila Property might not be able to supply all the services associated with this data, which means that it is exempt of all responsibility for not providing part or all of these services.
This data shall be stored on a file that La Vila Property is responsible for, where the User can exercise their rights to access, rectify, cancel and oppose the processing of this data.
The processing of this data is necessary so that La Vila Property can manage the services that are requested through the Website.
For more information about the conditions established for the provision of services of La Vila Property, please get in touch with us via email allonbay@allonbay.comand/or by phoning the numbers +34 965 145 867; +34 679 953 435.
- Informing about illegal or unsuitable activities
If the User knows that the Linked Sites or the pages that contain links to the Website have illegal, harmful, demeaning, violent, immoral content and services they can get in touch with La Vila Property stating the following points:
- Personal data of the informant: name, address, telephone number and email address;
- Description of the facts that reveal the illegal or unsuitable character of the Linked Site or the web page that provides a link to the Website;
- If the rights, such as intellectual and industrial property rights, are violated, the personal data of the owner of the right that has been breached when it is someone else other than the informant.
- Moreover the certificate that proves ownership of the rights must be provided and where appropriate, that of the legal representative to act on behalf of the owner when this is someone different from the informant;
- Clear statement that the information contained in the claim is accurate.
- Applicable Law
When you use this Website you accept this Privacy Policy and any type of dispute that arises over the use of this Website shall be interpreted according to the laws in force in the place of residence of the owner of this Website, that is to say, the Spanish Law.
Moreover the User waives any other jurisdiction that they might be entitled to and agrees to submit any dispute or problem that might arise over the content of this Privacy Policy and in general about the use of the Website or about any of the services provided by La Vila Property to the courts and tribunals of Alicante (Spain).
