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LEGAL NOTICE AND TERMS OF USE

Legal Notice and Terms of Use

LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

I. GENERAL INFORMATION


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

The ownership of this website, https://birrados.com/, (hereinafter Website) is held by: ODIN ESPORTS SL, provided with NIF: B/67916650 and registered in: Commercial Register of Toledo with the following registry data: ________, whose representative is: Jesús García Nieto, and whose contact details are:

Address:
Calle Acuerdo
Santa Ana de Pusa (Toledo)
45653
Contact phone: 601508343
Contact email: tengosed@birrados.com


II. GENERAL TERMS AND CONDITIONS OF USE


The object of the conditions: The Web Site


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

Birra2 reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Birra2 may interrupt, deactivate and/or cancel any of these elements included in the Website or the access to them.

Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.

The User

The access, navigation and use of the Web Site, confers the condition of User, so you accept, from the moment you start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

The Birra2 Website provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • A use of the information, Contents and/or Services and data offered by Birra2 without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Website.
  • The truthfulness and legality of the information provided by the User in the forms provided by Birra2 for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Birra2 about any event that allows 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 to their immediate cancellation.

The mere access to this Website does not imply any type of commercial relationship between Birra2 and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Birra2 Website is not directed to minors. Birra2 disclaims any liability for failure to comply with this requirement.

The Website is primarily intended for Users residing in Spain. Birra2 makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another country and decides to access and/or browse the Website, he/she does so at his/her own risk, and must ensure that such access and browsing complies with the applicable local legislation, and Birra2 accepts no liability whatsoever that may arise from such access.


III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY



Birra2 does not guarantee the continuity, availability or usefulness of the Website, or the Content or Services. Birra2 will make every effort to ensure the proper functioning of the Website, however, Birra2 makes no representations or warranties that access to the Website will be uninterrupted or error free.


Birra2 is not responsible for or guarantees that the content or software that can be accessed through this Website is free of error or causes damage to the User's computer system (software and hardware). In no event shall Birra2 be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Birra2 shall not be liable for any damages that may be caused to users due to an inappropriate use of this Website. In particular, Birra2 is not responsible in any way for any telecommunications failures, interruptions, faults or defects that may occur.


IV. PRIVACY AND DATA PROTECTION POLICY



Respecting the provisions of current legislation, Birra2 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 into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in Birra2 is: ODIN ESPORTS SL, provided with NIF: B/67916650 and registered in: Commercial Registry of Toledo with the following registry data: ________, whose representative is: Jesús García Nieto (hereinafter, also Data Controller). Its contact details are as follows:

Address:
Calle Acuerdo
Santa Ana de Pusa (Toledo)
45653
Contact phone: 601508343
Contact email: tengosed@birrados.com

Personal Data Registry

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Birra2 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 Birra2 and the User or to maintain the relationship established in the forms filled in by the User, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User's personal data shall be subject to the following principles set forth in Article 5 of the RGPD:

  • Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data is collected.
  • Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
  • Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed by Birra2 are solely identification data. Under no circumstances 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. Birra2 undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User shall have the right to withdraw consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website.

In the occasions in which the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation carried out.

Purposes of the processing for which the personal data are used

The personal data is collected and managed by Birra2 in order to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms that the User fills out or to respond to a request or query.

Likewise, the data may be used for commercial, personalization, operational and statistical purposes, and for activities related to Birra2's corporate purpose, as well as for data extraction, storage and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses to which the collected information will be put.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 6 months, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, when this 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 the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

In accordance with the provisions of articles 8 of the RGPD and 13 of the RDLOPD, only persons over 14 years of age may give their consent for Birra2 to process their personal data in a lawful manner. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Birra2 undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

The Web Site 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 return, is fully encrypted or encrypted.

However, because Birra2 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 notify the User without undue delay when a breach of security of personal data 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 breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorized communication of or access to such data.

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

The User has over Birra2 and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:

  • Right of access: This is the User's right to obtain confirmation as to whether or not Birra2 is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the processing that Birra2 has carried out or is carrying out, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or planned for said data.
  • Right of rectification: This is the User's right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified.
  • Right of deletion ("the right to be forgotten"): This is the User's right, unless otherwise provided for by the legislation in force, to obtain the erasure of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject's request for the deletion of any link to such personal data.
  • Right to limitation of processing: This is the User's right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the 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 Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another controller. Whenever technically possible, the Controller shall transmit the data directly to such other controller.
  • Right of opposition: This is the User's right not to have his or her personal data processed or to have the processing of such data by Birra2 cease.
  • Right not to be subject to a decision based solely on automated processing , including profiling: This is the User's right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by applicable law.

Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference "RGPD-https://birrados.com/", specifying:

  • Name, surname of the User and copy of the ID card. In cases where representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves the identity.
  • Request with the specific reasons for the request or information to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that accredits the request you are making.

This application and any attachments may be sent to the following address and/or e-mail address:

Postal address:
Calle Acuerdo
Santa Ana de Pusa (Toledo)
45653
E-mail: tengosed@birrados.com

Links to third party websites

The Website may include hyperlinks or links that allow access to third party websites other than Birra2, and therefore are not operated by Birra2. 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.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her 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 to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy Policy of the same.

Birra2 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 June 28, 2022 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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, 2018, on Personal Data Protection and guarantee of digital rights (LOPD).


V. COOKIE POLICY


Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Website in order to recognize him/her as a User, and to personalize his/her experience and use of the Website, and may also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site and the sites visited just before and just after the same. However, no cookie allows this cookie 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 sense, the use of cookies requires the consent of the User. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, before the initial processing, removable and documented.

Own Cookies

Cookies are those that are sent to the User's computer or device and managed exclusively by Birra2 for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow us to recognize the User as a recurrent visitor of the Website and to adapt the content to offer him/her content that fits his/her preferences.

The entity(ies) in charge of providing cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Social media cookies

Birra2 incorporates social media plugins, which allow access to social networks from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these 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 must refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where you can consult these privacy policies and / or cookies 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

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies - in whole or in part - installed on their device by configuring 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 follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies - in whole or in part - you may continue to use the Web Site, although you may be limited in the use of some of its features.

Changes in the Cookies Policy

It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and for what purpose we use cookies.


VI. LIAISON POLICY


We inform you that the Birra2 Website makes or may make available to Users links (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 Web Site is intended to facilitate Users' search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

Birra2 does not itself or through third parties offer or market the products and/or services available on such linked sites.

Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Birra2 does not under any circumstances review or control the content of other websites, nor does it approve, review or endorse the products and services, content, files and any other material on such linked sites.

Birra2 assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites that are not managed by Birra2 and that are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Birra2 Website should be aware that:

The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the express authorization of Birra2.

No false, inaccurate or incorrect representations about the Birra2 Website, its Content and/or Services are permitted.

With the exception of the hyperlink, the website where the hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Birra2.

The establishment of the hyperlink does not imply the existence of a relationship between Birra2 and the owner of the website from which it is made, nor the knowledge and acceptance by Birra2 of the contents, services and/or activities offered on said website, and vice versa.


VII. INTELLECTUAL AND INDUSTRIAL PROPERTY



Birra2 itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, but not limited to, 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 are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including 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 Birra2, are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of Birra2. The User may view the elements of the Website or even print, copy and store them on the hard drive of his/her computer or any other physical medium as long as it is exclusively for his/her personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or any third party considers that any of the Contents of the Web Site infringes the rights of intellectual property protection, he/she must immediately inform Birra2 through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.


VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION



Birra2 reserves the right to take any civil or criminal action it deems necessary for the improper use of the Website and its Contents, or for the breach of these Terms and Conditions.

The relationship between the User and Birra2 will be governed by the regulations in force and applicable in Spain. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.


Last modification: August 30, 2022

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