Legal notice, privacy and cookies

Updated: 2019-10-08 13:28:00 +0200

This legal notice and information (hereinafter, the «legal notice») regulates the use of the Internet portal service «menendez.pro» (hereinafter, the «portal») that Miguel Menéndez (hereinafter, the «author»), with address at AP 43, 33080 Uviéu, Asturies and FIN ES71643588Z makes available to Internet users.

The use of the portal attributes the user status of the portal (hereinafter, the «user») and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice in the version published by the author in the moment when the user accesses the portal. Consequently, the user must carefully read this legal notice on each of the occasions in which he intends to use the portal, since it may undergo modifications.

The use of certain services offered to users through the portal is subject to their own particular conditions (hereinafter, the «particular conditions») that, depending on the case, substitute, complete and/or modify this legal notice. Therefore, prior to the use of such services, the user must also carefully read the corresponding particular conditions.

Likewise, the use of the portal is also subject to all notices, regulations of use and instructions, made known to the user by the author that substitute, complete and/or modify this legal notice.

2. Purpose

Through the portal, the author provides users with access to and use of various services and content (hereinafter, the «services») made available by the author or third parties.

3. Conditions of access and use of the portal

3.1. Free (libre and gratis) access and use of the portal

The provision of services by the author is free (libre and gratis) for users. Notwithstanding the foregoing, some of the services provided by the author or by third parties through the portal are subject to compliance with certain requirements in the manner determined in the corresponding particular conditions.

3.2. User registration

In general, the provision of services does not require prior subscription or registration of users. However, the author conditions the use of some of the services upon prior completion of the corresponding user registration. Likewise, the author makes available to users some services whose use requires the completion of additional records. The aforementioned registration will be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it.

3.3. Veracity of the information

All information provided by the user through the services must be truthful. For these purposes, the user guarantees the authenticity of all the data that he communicates as a result of completing the necessary forms for the subscription of the services. Likewise, it will be the user’s responsibility to keep all the information provided to the author permanently updated so that it responds, at all times, to the user’s real situation. In any case, the user will be solely responsible for any false or inaccurate statements made and for the damages caused to the author or third parties for the information provided.

3.4. Minors

To make use of the services, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors in their care.

Full responsibility in determining the specific content and services that minors access corresponds to the seniors in whose charge they are. As the Internet makes it possible to access content that may not be appropriate for minors, users are informed that there are mechanisms, in particular filter and blocking software, that allow limiting the available content and, although not infallible, are of especially useful to control and restrict the materials that minors can access.

3.5. Obligation to make proper use of the portal and services

The user undertakes to use the portal and services in accordance with the law, this legal notice, the particular conditions of certain services and other notices, regulations of use and instructions made known to them.

For this purpose, the user will refrain from using any of the services for illicit purposes or effects, prohibited in this legal notice, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services, computer equipment or documents, files and all kinds of content stored in any computer equipment (kracking) of the author, other users or any Internet user (hardware and software).

In particular, and merely indicative and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

a) In any way it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in international treaties and in the rest of the legislation;

b) induce, incite or promote criminal, denigrative, defamatory, infamous, violent or, in general, contrary to the law actions;

c) induce, incite or promote discriminatory actions, attitudes or thoughts based on sexual orientation, gender identity, origin, culture or age;

d) incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law;

e) induce or may induce an unacceptable state of anxiety or fear;

f) induce or incite to be involved in religious practices, dangerous, risky or harmful to health and psychic balance;

g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that induces or may mislead about its object or the intentions or purposes of the caller;

h) is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use made or intended to effect;

i) violates the business secrets of third parties;

j) is contrary to the right to honor, personal and family privacy or to the image of individuals;

k) in any way impair the credit of the author or third parties;

l) violates the regulations on the secrecy of communications;

m) constitutes, where appropriate, illegal, deceptive or unfair advertising and, in general, constitutes unfair competition;

n) incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (* hardware * and * software *) of the author or third parties or that may damage electronic documents and files stored on said computer equipment;

o) due to its characteristics (such as format, extension, etc.) difficulties in the normal operation of the service; and/or

p) contains HTML tags or codes other than those expressly authorized by the author.

3.6. Obligation to make proper use of the contents

In accordance with the provisions of clause 3.5, the user undertakes to use the contents made available to users on the portal, understanding them, without this enumeration being limited, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the «contents»), in accordance with the law, this legal notice, the particular conditions of certain services and other notices, regulations of use and instructions made known to it and, in particular, undertakes to refrain from:

a) Reproduce, copy, distribute, make available or in any other way communicate publicly, transform or modify the contents, unless authorized by the holder of the corresponding rights or if it is legally permitted; and

b) delete, manipulate or in any way alter the copyleft or copyright and other identifying data of the copyright reserve of the author or its owners, of the fingerprints or of any other technical means established for their recognition.

The user must refrain from obtaining and even attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or indicated for this purpose on the web pages where the contents are found or, in general, of those that are usually used on the Internet for this purpose provided that they do not entail a risk of damage or disablement of the portal, the services and/or the contents.

3.7. Use of the services offered on the portal in accordance with the author’s anti-spam policy

The user is obliged to refrain from:

a) Collect data for advertising purposes and to send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent;

b) send any other unsolicited or previously consented messages to a plurality of people;

c) send unsolicited or previously consented electronic message chains;

d) use distribution lists that can be accessed through the services to carry out the activities indicated in a), b) and c) above; and

e) make available to third parties, for any purpose, data collected from distribution lists.

Users or third parties affected by the reception of unsolicited messages addressed to a plurality of people may communicate this to the author by sending a message through the «Contact» service.

Users and, in general, those who intend to establish a link between their website and the portal (hereinafter, the «link») must meet the following conditions:

a) A frame will not be created on the web pages of the portal;

b) no false, inaccurate or incorrect statements or indications will be made about the author, his social, family and/or work environment, the web pages of the portal and the services provided;

c) it will not be declared or implied that the author has authorized the link or that he has supervised or assumed in any way the services offered or made available to the web page on which the link is established; and

d) the web page on which the Link is established will not contain illegal information or content, nor will it contain content contrary to any third party rights.

The establishment of the link does not imply in any case the existence of relations between the author and the owner of the website on which it is established, nor the acceptance and approval by the author of its contents or services.

4. No license

All brands, trade names or distinctive signs of any kind that appear on the portal are the property of the author or third parties, without it being understood that the use or access to the portal and/or the services attributes to the user any right over the aforementioned brands, trade names and/or distinctive signs.

Likewise, the contents are the intellectual property of the author or third parties, without being understood to be assigned to the user, by virtue of what is established in this legal notice, none of the exploitation rights that exist or may exist on said contents beyond what is strictly necessary for the correct use of the portal and services.

5. Exclusion of guarantees and responsibilities

5.1. Exclusion of guarantees and responsibility for the operation of the portal and services

5.1.1. Availability and continuity, utility and fallibility

The author does not guarantee the availability and continuity of the operation of the portal and services. When reasonably possible, the author will previously warn of interruptions in the operation of the portal and services. The author also does not guarantee the usefulness of the portal and the services for carrying out any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the portal and services, access the different web pages that make up the portal or those from which the services are provided.

The author excludes, to the full extent permitted by the legal system, any responsibility for damages of any nature that may be due to the lack of availability or continuity of the operation of the portal and services, to the fraud of utility that users may have attributed to the portal and services, to the fallibility of the portal and services and, in particular, but not exclusively, to failures in accessing the different web pages of the portal or those from those that provide services.

5.1.2. Privacy and security in the use of the portal and services

The author does not guarantee the privacy and security of the use of the portal and the services and, in particular, does not guarantee that unauthorized third parties cannot have knowledge of the class, conditions, characteristics and circumstances of the use that users make of the portal and of services.

The author excludes, to the full extent permitted by legal ordering, any responsibility for damages of any nature that may be due to the knowledge that unauthorized third parties of the class may have, characteristics and circumstances of the use that the users make of the portal and of the services.

5.2. Exclusion of guarantees and responsibility for the contents

5.2.1. Quality

The author does not guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system.

The author excludes, to the full extent permitted by legal ordering, any liability for damages of any nature that could be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or user files.

5.2.2. Legality, reliability and usefulness

The author does not guarantee the legality, reliability and usefulness of the contents.

The author excludes, to the full extent permitted by legal ordering, any liability for damages of any nature that may be due to the transmission, dissemination, storage, provision, reception, obtaining or access to the contents and, in Particular, although not exclusively, for damages that may be due to:

a) Failure to comply with the law as a result of the transmission, dissemination, storage, provision, reception, obtention or access to the contents;

b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and of all other nature belonging to a third party as a result of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents;

c) the performance of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the contents;

d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents;

e) the inadequacy for any kind of purpose and the disappointment of the expectations generated by the contents;

f) the breach, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or on the occasion of access to the contents; and

g) the vices and defects of all kinds of content transmitted, disseminated, stored, made available, received, ignored or accessed through the portal or services.

5.2.3. Veracity, accuracy, completeness and topicality

The author does not guarantee the veracity, accuracy, completeness and timeliness of the contents.

The author excludes, to the full extent permitted by legal ordering, any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and / or topicality of the contents.

5.3. Exclusion of guarantees and liability for services provided by third parties through the portal

5.3.1. Quality

The author does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the portal that may cause alterations in their computer system (software and hardware) or in electronic documents and files stored in Your computer system.

The author excludes any responsibility for damages of any nature that may be due to the presence of viruses or the presence of other harmful elements in the services provided by third parties through the portal that may cause alterations in the computer system, electronic documents or User files.

5.3.2. Legality, reliability and usefulness

The author does not guarantee the legality, reliability and usefulness of the services provided by third parties through the portal.

The author excludes any liability for damages of any nature that may be due to the services provided by third parties through the portal and, in particular, but not exclusively, for the damages that may be due to:

a) Failure to comply with the law as a result of the provision of services by third parties through the portal;

b) the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and of all other nature belonging to a third party as a result of the provision of services by third parties through the portal;

c) the performance of acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the portal;

d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through the portal;

e) the inadequacy for any kind of purpose and the disappointment of the general expectations for the services provided by third parties through the portal;

f) the breach, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to the provision of services through the portal; Y

b) the defects and defects of all kinds of services provided by third parties through the portal.

5.4. Exclusion of guarantees and responsibility for information, content and services and hosted outside the portal

The portal makes available to users technical link devices (such as, among others, links, banners, buttons), directories and search tools that allow users to access belonging websites and/or managed by third parties (hereinafter, «linked sites»). The installation of these links, directories and search tools on the portal has the sole purpose of making it easier for users to search and access the information, content and services available on the Internet.

The results of search tools are provided directly by third parties and are a consequence of the automatic operation of technical mechanisms, so the author cannot control and does not control those results and, in particular, that among them appear Internet sites whose contents may result illegal. In the event that a user considers that any of the sites included in the search results contains illegal activity or information and is interested in requesting the deletion of the link, they can start the procedure provided in clause eight of this notice. legal.

The author does not offer or market on its own or through third parties the information, content and services available on the linked sites, nor does it previously control, approve, recommend, monitor or make its own. The user, therefore, must exercise extreme caution in the valuation and use of the information, content and services existing in the linked sites.

The author does not guarantee or assume any responsibility for damages of any kind that may be caused by:

a) The operation, availability, accessibility or continuity of the linked sites;

b) the maintenance of the information, content and services existing in the linked sites;

c) the provision or transmission of the information, content and services existing on the linked sites; and/or

d) the quality, legality, reliability and usefulness of the information, content and services existing in the linked sites, in the same terms and with the same scope provided in clauses 5.2 and 5.3 of the present regarding the contents and services provided by third parties through the portal.

5.5. Exclusion of guarantees and responsibility for the use of the portal, services and content by users

The author does not control the use that users make of the portal, services and content. In particular, the author does not guarantee that users use the portal, services and content in accordance with this legal notice and, where appropriate, with the particular conditions that apply, or that they do so diligently and prudently. The author also does not verify the identity of the users, nor the veracity, validity, completeness and/or authenticity of the data that the users provide about themselves to other users.

The author excludes any responsibility for damages of any nature that could be due to the use of the services and contents by users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that users provide to other users about themselves and, in particular, but not exclusively, for the damages of any nature that may be due to the impersonation of the personality of a third party made by a user in any class of communication made through the portal.

6. Protection of personal data

Each time a user accesses the portal and the data it contains, a log file is created that is saved with the following data:

  • URI of the accessed content;
  • date and time of access;
  • amount of data transferred;
  • confirmation or not that the user accessed the content successfully;
  • IP adress;
  • referer (source website);
  • browser used (name and version); and/or
  • operating system used

The author records the portal traffic for security reasons and to ensure the stability and reliability of the computer systems used while protecting the portal from external attacks. In addition, the data obtained have a statistical purpose.

The data saved in the log file:

  • They are not directly linked to users or their identities;
  • they are not used to personally identify the users of the portal;
  • do not intersect with any other data;
  • are for internal purposes only; y
  • they are not sold or transferred to third parties

6.1. Personal data managed by the author

The user can use the portal and access the public content without revealing any personal data, understanding as such any information that could be used to reveal his identity, such as his name and surname, his telephone number, his email address or the address of Your domicile.

Any personal data collected by the author through the portal will be processed and used only for the stated purpose. The data is treated confidentially, stored on secure servers and will not be sold or transferred to third parties without the express consent of the user.

The personal data provided will be kept for the time necessary to fulfill the purpose for which they are collected and to determine the possible responsibilities that may arise from the purpose, in addition to the periods established in the archives and documentation regulations.

The user has the right to obtain confirmation on the treatments that of his data that are carried out by the author through the portal. You can exercise your rights of access, rectification, deletion and portability of your data, of limitation and opposition to its processing, as well as not being subject to decisions based solely on the automated processing of your data, where appropriate, by writing through the service «Contact».

6.1.1. Contact form and email confidentiality

The author can offer, through the portal, a contact form and/or a contact email address.

  • Legal basis: European General Data Protection Regulation 2016/679.
  • Purposes of the treatment: Registration, management and response of inquiries made to the author by the users of the portal.
  • Collective: Individuals, including representatives of legal entities, who direct their inquiries to the author through the portal.
  • Data categories: Name, email address and, eventually, those that may be included in the query.
  • Recipients: No data communications are planned.
  • International transfers: Not planned.
  • Term of suppression: They will be conserved during the necessary time for the processing and answer of the consultation. The provisions of the archives and documentation regulations shall apply.
  • Security measures: Secure web server (HTTPS), secure email server (TLS), PGP public key available for encryption.
  • Responsible entity: The author.

The author does not guarantee the confidentiality of these communication channels, especially if the user uses unencrypted mail servers and/or does not use the public encryption key of the author obtained from the portal.

6.2. Personal data managed by third parties

6.2.1. Google

The portal uses the analysis service Google Analytics and advertising management services Google AdSense and Google Ad Manager.

All services provided by Google Ireland Inc. (4 Barrow St, Dublin, Ireland). Google uses cookies that are stored on the user’s device in order to analyze their behavior on the portal. The data generated from the use of the portal users are, Usually, transferred and stored in Google servers in the United States of America.

Google normally truncates the IP address before transferring data to the United States if the user accesses the portal from a country in the European Union or from the European Economic Community.

Google uses this information to evaluate the use of the portal by users, to generate reports for the author about the activity of the portal and to provide other services related to the activity of the portal and the use of the Internet in general. Google will also transfer this information to third parties if required by law or if third parties are used to process this data on behalf of Google. Third parties, including Google, place ads on a multitude of websites on the Internet, using the cookies stored on users’ devices to provide relevant ads based on previous visits to this or other portals.

Google does not associate the IP address of users with other data. The user can avoid the storage of cookies from Google by changing the configuration of his browser. You can also prevent Google from collecting and processing data generated by cookies related to your use of the portal.

6.2.2. Disqus

The portal uses the comments service of Disqus Inc. (717 Market St, San Francisco, USA).

Disqus offers several login options: The user can access Disqus anonymously, using their own Disqus account or through social media accounts such as Facebook, Twitter or Google.

If the user logs into Disqus using a social media account, that social media can also collect and process information about their use of the portal.

6.2.3. Facebook

The portal uses the Facebook Inc. comment service (1601 Willow Creek, Menlo Park, California, USA).

When the user accesses a portal page with the comments option activated, Facebook will collect and transfer general information about the browser to its servers in the United States of America. No personal data of users is transferred.

7. Cookies

The portal can use cookies when a user browses the web pages of the portal. The cookies that can be used on the web pages of the portal are only associated with the browser of a specific (anonymous) device, and do not provide any more personal data of the user. Thanks to cookies, it is possible for the portal to recognize the browsers of registered users after they have registered for the first time, without having to register at each visit to access the areas and services reserved exclusively for them. The cookies used cannot read the files created by other providers. The user has the possibility to configure his browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on his storage device. Please refer to the instructions and manuals of your browser to expand this information. To use the portal, it is not necessary for the user to allow the installation of the cookies sent by the portal, notwithstanding that in this case it will be necessary for the user to register each time he accesses a service that requires prior registration.

The cookies used in the web pages of the portal can be served by the portal itself, in which case they are served from the different servers operated by it, or from the servers of certain third parties that provide the services and serve the cookies on behalf of the author. Provided that you have not activated the option that prevents the installation of cookies on your storage device, the user can explore your storage device by following the instruction and help manual of your browser or operating system to know in more detail each server from where the cookies are sent.

7.1. Own cookies

Name Function Duration
cookieconsent_status Determine if the user has accepted the use of cookies 365 days

7.2. Third party cookies

Name Third Function Duration
__cfduid Cloudflare Cloudflare protection service 365 days
__gads, _ga Google Google services 730 days
_gat_gtag Google Google services 1 minute
_gid Google Google services 1 day
G_ENABLED_IDPS Disqus Disqus Comments Service 12/31/9999
__hssrc, sudo Disqus Disqus Comments Service Session
__hstc, __jid, ajs_anonymous_id, ajs_group_id, ajs_user_id, csrftoken, disqus_unique, hubspotutk Disqus Disqus Comments Service 365 days
disqusauth, disqusauths, sessionid Disqus Disqus Comments Service 90 days
act, presence Facebook Facebook Comments Service Session
c_user, fr, xs Facebook Facebook Comments Service 120 days
datr, sb Facebook Facebook Comments Service 730 days

8. Procedure in case of carrying out illegal activities

In the event that any user or a third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the portal must send a notification to the author containing the following points:

a) Claimant’s personal data: Name, address, telephone number and email address;

b) specification of the alleged illegal activity carried out on the portal and, in particular, in the case of an alleged violation of rights, precise and specific indication of the protected contents as well as their location on the web pages;

c) facts or circumstances that reveal the illicit nature of said activity;

d) in the case of violation of rights, handwritten, digital or equivalent signature, with the personal data of the holder of the rights allegedly infringed or of the person authorized to act on behalf of and on behalf of the latter; and

e) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the performance of the activities described.

9. Notifications

All notifications and communications (hereinafter, the «notifications») by the user to the author will be considered effective, for all purposes, when addressed through the «Contact» service.

All notifications by the author to the user will be considered effective, for all purposes, when they are carried out in any of the following ways:

a) Sending by postal mail to the user’s address when it has been previously brought to the attention of the author;

b) sending by email to any of the mailboxes that the user has or may have as part of any other service that the author provides to the user;

c) communication by means of a call to the user’s telephone number, when it has been previously brought to the attention of the author; or

d) by means of emergent messages sent during the provision of the services by the author to the user.

In this sense, all notifications made by the author to the user will be considered validly made if they have been made using the data and through the means indicated above. For these purposes, the user states that all data provided by him are true and correct, and undertakes to communicate to the author all changes related to the notification data.

10. Withdrawal and suspension of services

The author may withdraw or suspend at any time and without prior notice the provision of services to those users who breach the provisions of this legal notice.

11. Duration and termination

The provision of the portal service and other services has, in principle, an indefinite duration. The author, however, is authorized to terminate or suspend the provision of the portal service and/or any of the services at any time, without prejudice to what has been provided in this regard in the corresponding particular conditions. When reasonably possible, the author will previously notify the termination or suspension of the provision of the portal service and other services.

12. Applicable legislation

This legal notice is governed in each and every one of its extremes by current legislation in Asturies.

For any suggestion or proposal for collaboration write through the «Contact» service.