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Legal Notice and General Terms of Use of the Website

www.in-diem.com

I. GENERAL INFORMATION

In compliance with the duty of information set forth in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding this website is provided:

The ownership of this website, www.in-diem.com (hereinafter, the Website), is held by: IN DIEM CONSULTING S.L., with Tax ID: B91496455 and registered in: the Mercantile Registry of Seville with the following registration details: Volume 4378 Folio 50 Sheet 67219, whose representative is: ANGEL JOSE DEL PINO IBAÑEZ, and whose contact details are:

Address:
Calle Castillo de Utrera Num 2 A, bajo. Seville. 41013 (Spain)
Contact telephone: 916353892
Contact email: info@in-diem.com

Likewise, the activity carried out by IN DIEM CONSULTING S.L. being a regulated activity, it is hereby stated that, as such, it holds:

Attorney Ángel José Del Pino Ibáñez, Office Director, member of the Illustrious Bar Association of Seville, Reg. 8631.


II. GENERAL TERMS AND CONDITIONS OF USE

Purpose of the terms: The Website
IN DIEM CONSULTING S.L. 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 at any time IN DIEM CONSULTING S.L. may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

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

Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide consideration in order to enjoy it, except with regard to the cost of connection through the telecommunications network supplied 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 of 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 IN DIEM CONSULTING S.L., such as comments and/or blogging spaces, confers the status of User, therefore, from the moment navigation of the Website begins, all the Terms established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable. Given the relevance of the foregoing, the User is recommended to read them each time they visit the Website.

The Website of IN DIEM CONSULTING S.L. provides a wide variety of information, services and data. The User assumes responsibility for making correct use of the Website. This responsibility shall extend to:

  • Use of the information, Contents and/or Services and data offered by IN DIEM CONSULTING S.L. that is not contrary to the provisions of these Terms, the Law, morality or public order, or that in any other way may result in injury to the rights of third parties or the functioning of the Website itself.
  • The veracity and lawfulness of the information provided by the User in the forms provided by IN DIEM CONSULTING S.L. for access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify IN DIEM CONSULTING S.L. of any fact that permits the improper use of the information registered in such 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.

IN DIEM CONSULTING S.L. reserves the right to remove all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or security or that, in its judgment, are not suitable for publication.

In any case, IN DIEM CONSULTING S.L. shall 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 establishing any type of commercial relationship between IN DIEM CONSULTING S.L. and the User.

Always in compliance with current legislation, this Website of IN DIEM CONSULTING S.L. is directed to all persons, regardless of their age, who can access and/or navigate the pages of the Website.

The Website is primarily directed to Users residing in Spain. IN DIEM CONSULTING S.L. does not ensure that the Website complies with the legislation of other countries, whether totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or navigate the Website, they do so at their own risk, and must ensure that such access and navigation complies with the local legislation applicable to them, with IN DIEM CONSULTING S.L. assuming no liability whatsoever that may arise from such access.


III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
IN DIEM CONSULTING S.L. does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. IN DIEM CONSULTING S.L. will do everything possible for the proper functioning of the Website, however, it is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.

Nor is it responsible for or does it guarantee that the content or software that may be accessed through this Website is error-free or causes damage to the User’s computer system (software and hardware). In no event shall IN DIEM CONSULTING S.L. be liable for losses, damages or harm of any kind arising 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.

IN DIEM CONSULTING S.L. is also not responsible for damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for failures, interruptions, lack or defect of telecommunications that may occur.


IV. PRIVACY POLICY AND DATA PROTECTION
IN DIEM CONSULTING S.L. undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated by this privacy policy

This privacy policy is adapted to current Spanish and European regulations on 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, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-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 data controller

The data controller of the personal data collected at IN DIEM CONSULTING S.L. is: IN DIEM CONSULTING S.L., with Tax ID: B91496455 and registered in: the Mercantile Registry of Seville with the following registration details: Volume 4378 Folio 50 Sheet 67219, whose representative is: ANGEL JOSE DEL PINO IBAÑEZ (hereinafter, also Data Controller). Its contact details are as follows:

Address:
CALLE CASTILLO DE UTRERA, N.2-A BAJO
Contact telephone: 916353892
Contact email: info@in-diem.com

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which IN DIEM CONSULTING S.L. is subject. The User may contact the DPO appointed by the Data Controller using the following contact details: Calle Castillo de Utrera Num. 2 A, bajo, Seville, 41013, Spain; Email: info@in-diem.com, 916 353 892.

Personal Data Registry

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by IN DIEM CONSULTING S.L. through the forms provided on its pages will be incorporated and processed in our files in order to facilitate, expedite and fulfill the commitments established between IN DIEM CONSULTING S.L. and the User or the maintenance of the relationship established in the forms that they complete, or to respond to a request or inquiry from them. 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 applies, a record of processing activities is maintained 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 shall be subject to the following principles set out in Article 5 of the GDPR:

  • Principle of lawfulness, fairness and transparency: the User’s consent will be required at all times following completely transparent information about the purposes for which personal data is collected.
  • Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected shall be only that which is strictly necessary in relation to the purposes for which it is processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of storage limitation: personal data shall only be kept in a form that permits identification of the User for the time necessary for the purposes of its processing.
  • Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures its security and confidentiality.
  • Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed at IN DIEM CONSULTING S.L. 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 legal basis for the processing of personal data is consent. IN DIEM CONSULTING S.L. 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 shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent shall not affect the use of the Website.

On occasions when 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 completion of any of them is mandatory because they are essential for the correct development of the operation performed.

Purposes of the processing to which personal data is intended

Personal data is collected and managed by IN DIEM CONSULTING S.L. in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter completes or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operation and statistics, and activities related to the corporate purpose of IN DIEM CONSULTING S.L., as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

At the time 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 intended; that is, the use or uses that will be given to the information collected.

Retention periods for personal data

Personal data shall only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 2 years, or until the User requests its deletion.

At the time 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 personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

Respecting 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 processing of their personal data lawfully by IN DIEM CONSULTING S.L. If the individual is under 14 years of age, the consent of parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorized it.

Confidentiality and security of personal data

IN DIEM CONSULTING S.L. undertakes to adopt the necessary technical and organizational 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 prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such 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, because IN DIEM CONSULTING S.L. 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 communicate to the User without undue delay when a personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and to 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 arising from the processing of personal data

The User has over IN DIEM CONSULTING S.L. and may, therefore, exercise against the Data Controller the following rights recognized in the GDPR:

  • Right of access: It is the User’s right to obtain confirmation as to whether or not IN DIEM CONSULTING S.L. is processing their personal data and, if so, to obtain information about their specific personal data and the processing that IN DIEM CONSULTING S.L. has carried out or carries out, as well as, among other things, the information available on the origin of such data and the recipients of communications made or planned thereof.
  • Right of rectification: It is the User’s right to have their personal data that is inaccurate modified or, taking into account the purposes of the processing, incomplete.
  • Right of erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and it does not have another legal basis; the User objects to the processing and there is no other legitimate reason to continue with it; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has 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 available technology and the cost of its application, must take reasonable steps to inform controllers that are processing the personal data of the data subject’s request to erase any link to that personal data.
  • Right to restriction of processing: It is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their 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 their personal data in a structured, commonly used and machine-readable format, and to transmit it to another data controller. Whenever technically feasible, the Data Controller shall transmit the data directly to that other controller.
  • Right to object: It is the User’s right that the processing of their personal data not be carried out or that the processing thereof by IN DIEM CONSULTING S.L. cease.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling, except where current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference “GDPR-www.in-diem.com”, specifying:

  • Name, surname of the User and copy of ID card. 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 card may be replaced by any other means valid in law that proves 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 that proves the request being made.

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

Postal address:
CALLE CASTILLO DE UTRERA, N.2-A BAJO
Email: info@in-diem.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than IN DIEM CONSULTING S.L., and which are therefore not operated by IN DIEM CONSULTING S.L. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims before the supervisory authority

In the event that 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 shall have the right to effective judicial protection and to file a claim 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

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepts the processing of their personal data so that the Data Controller may proceed with it in the manner, for the periods and for the purposes indicated. Use of the Website shall imply acceptance of its Privacy Policy.

IN DIEM CONSULTING S.L. 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 February 5, 2020 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 on the free movement of such data (GDPR) and to Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD)


V. 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 they may use to navigate—so that the server remembers certain information that subsequently only the server that implemented it will read. Cookies facilitate navigation, make it more user-friendly, and do not damage the navigation 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 it. However, no cookie allows it 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 be 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 shall apply to them. In this regard, the User’s consent will be necessary for their use. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial processing, removable and documented.

Own cookies

These are cookies that are sent to the User’s computer or device and managed exclusively by IN DIEM CONSULTING S.L. for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and the User’s experience. These cookies allow the User to be recognized as a recurring visitor to the Website and adapt the content to offer content that fits their preferences.

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

Social media cookies

IN DIEM CONSULTING S.L. incorporates social media plugins, which allow access to them from the Website. For this reason, social media cookies may be stored in the User’s browser. The owners of such social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them to learn about such cookies and, where applicable, the processing of their personal data. For informational purposes only, the links where such privacy and/or cookie policies can be consulted are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

The User can disable, reject and delete cookies—totally or partially—installed on their device through the configuration of their browser (among which are, 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 refer to the instructions provided by the Internet browser itself that 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

It is possible that the Cookie Policy of the Website 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.


VI. LINKS POLICY

It is hereby informed that the Website of IN DIEM CONSULTING S.L. provides or may provide Users with means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.

IN DIEM CONSULTING S.L. does not offer or market, either by itself or through third parties, the products and/or services available on such linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its ownership that may be accessed through the links.

IN DIEM CONSULTING S.L. will in no case review or control the content of other websites, nor does it approve, examine or make its own the products and services, contents, files and any other material existing on the referred linked sites.

IN DIEM CONSULTING S.L. assumes no liability for damages that may be caused by access, use, quality or lawfulness of the contents, communications, opinions, products and services of websites not managed by IN DIEM CONSULTING S.L. and that are linked on this Website.

The User or third party that creates a hyperlink from a web page of another, different, website to the Website of IN DIEM CONSULTING S.L. must know that:

Reproduction—totally or partially—of any of the Contents and/or Services of the Website is not permitted without express authorization from IN DIEM CONSULTING S.L.

No false, inaccurate or incorrect statement about the Website of IN DIEM CONSULTING S.L., nor about the Contents and/or Services thereof, is permitted either.

With the exception of the hyperlink, the website on which said hyperlink is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, except with express authorization from IN DIEM CONSULTING S.L.

The establishment of the hyperlink shall not imply the existence of relationships between IN DIEM CONSULTING S.L. and the owner of the website from which it is made, nor the knowledge and acceptance by IN DIEM CONSULTING S.L. of the contents, services and/or activities offered on said website, and vice versa.


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY
IN DIEM CONSULTING S.L., by itself or as assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of illustration and not exhaustively, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They shall, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and Community regulations in this field, as well as international treaties relating to the matter and signed by Spain, being applicable to them.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of IN DIEM CONSULTING S.L., are expressly prohibited.

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of intellectual property protection rights, they must immediately communicate it to IN DIEM CONSULTING S.L. through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.


VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
IN DIEM CONSULTING S.L. reserves the right to bring civil or criminal actions that it deems necessary for improper use of the Website and Contents, or for breach of these Terms.

The relationship between the User and IN DIEM CONSULTING S.L. shall be governed by current regulations applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Terms, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.


Last modified: February 5, 2020

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