LEGAL NOTICE
0 OBJECT AND ACCEPTANCE
This legal notice regulates the use of the website www.kaizen-r.com (hereinafter, THE WEB), a personal “Blog” with no direct commercial purpose, hosted on machine(s) maintained and administered by a third party (DreamHost.com), to which even the web administrator of the website – from now on “THE OWNER OF THE WEB” – does not have access directly.
Browsing the website of THE OWNER OF THE WEB attributes the condition of user thereof and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.
The user undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will respond to THE OWNER OF THE WEB or to third parties, for any damages that may be caused as a result of breach of said obligation.
1 IDENTIFICATION AND COMMUNICATIONS
THE OWNER OF THE WEB informs you that:
This is a personal blog/website, with no direct commercial purpose.
THE OWNER OF THE WEB resides in the European Union, more particularly in Spain.
However the website is hosted in the U.S.A. by Dreamhost.com and served from the servers maintained by DreamHost.com.
To communicate with me, please use: Email: contact@kaizen-r.com
All notifications and communications between users and THE OWNER OF THE WEB will be considered effective, for all purposes, by any means made available above.
2 CONDITIONS OF ACCESS AND USE
The website and its services are free and open access. THE OWNER OF THE WEB as of today do not offer the possibility for adding comments, registering users, or filling in any forms, as this is a simple Blog with no commercial intent.
Should the user nevertheless contact THE OWNER OF THE WEB, the user guarantees the authenticity and topicality of all those data that he communicates to THE OWNER OF THE WEB and will be solely responsible for the false or inaccurate statements that he makes. The user expressly agrees to make appropriate use of the contents and services of THE OWNER OF THE WEB and no longer use them for, among others:
a) Disseminate contents that are criminal, violent, pornographic, racist, xenophobic, offensive, advocating terrorism or, in general, contrary to law or public order.
b) Introduce computer viruses in the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of THE OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which THE OWNER OF THE WEB provides its services.
c) Try to access the email accounts of other users or restricted areas of the computer systems of THE OWNER OF THE WEB or third parties and, where appropriate, extract information.
d) Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of THE OWNER OF THE WEB or of third parties.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproducing, copying, distributing, making available, or any other form of public communication, transforming or modifying the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without their prior request or consent.
Texts, and source codes if any, presented on the website, constitute a work whose property belongs to THE OWNER OF THE WEBSITE, but are offered under Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). Please reference this blog, “kaizen-r.com”, for attribution.
We make sure to the best of our capacity to make sure that photographs, graphics, images, icons presented on the website, while generally not created by us, are licensed for free (as in for no-cost and for any purpose) re-use by third parties, without being understood to be transferred to the user none of the exploitation rights over them beyond what is strictly necessary for the correct use of the web.
The establishment of a hyperlink does not imply in any case the existence of relations between THE OWNER OF THE WEB and the owner of the website on which it is established, nor the acceptance and approval by THE OWNER OF THE WEB of its contents or services. Those persons who intend to establish a hyperlink must refrain from making false, inaccurate or incorrect statements or indications about THE OWNER OF THE WEBSITE, or include illicit, contrary content to good customs and public order.
THE OWNER OF THE WEB is not responsible for the use that each user gives to the materials made available on this website or for the actions performed on the basis thereof.
3 EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
The content of this website is of a general nature and has a merely informative purpose, without fully guaranteeing access to all content, or its completeness, correctness, validity or currency, or its suitability or usefulness for a specific purpose.
THE OWNER OF THE WEB excludes, as far as the legal system allows, any responsibility for damages of any kind derived from:
a) The inability to access the website or the lack of truthfulness, accuracy, completeness and / or timeliness of the contents, as well as the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available, who have been accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a consequence of the incorrect use of the website. In particular, and as an example, THE OWNER OF THE WEB is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising.
Likewise, THE OWNER OF THE WEB declines any responsibility regarding the information that is outside this website and is not managed directly by our webmaster (incidentally, THE OWNER OF THE WEB). The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the contents offered by this website. THE OWNER OF THE WEB does not guarantee and cannot be made responsible for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. THE OWNER OF THE WEB is not responsible for the establishment of hyperlinks by third parties.
4 PRIVACY POLICY
4.1. WHO IS RESPONSIBLE FOR THE PROCESSING OF YOUR DATA?
THE RESPONSIBLE FOR TREATMENT IS IDENTIFIED IN EXPOSITION 1 OF THIS LEGAL NOTICE.
What kind of data we have about you and how we have obtained it: The categories of personal data that we deal with, of the user/reader of the Blog, is only:
1. Electronic addresses (IP) and any browser-provided data, only for the purpose of statistical analysis of the usage of the Blog – or, when strictly necessary, to maintain the functionality of the website.
4.2. IN NO EVENT DO WE PROCESS SPECIALLY PROTECTED DATA?
We do not collect or ask for any personal data. Purposefully, THE OWNER OF THE WEBSITE has decided to not allow comments to the blog, and not present forms of any kinds, nor allow registration of new “users” of the website, in order to limit all possibilities of inadvertently gathering any personal data.
However the website does see the IP address from which your browser is contacting it – and certain data automatically provided by your web browser (e.g. user-agent).
4.3. FOR WHAT PURPOSE DO WE PROCESS YOUR DATA?
This website does not have any commercial purposes.
The IP address of the user and certain data automatically provided by the user’s web browser (e.g. user-agent) is collected automatically, and is only collected to maintain functionality of the website, and/or for gathering statistical data of the website usage.
4.4. FOR HOW LONG WILL WE KEEP YOUR DATA?
We do not gather any personal data. Your IP address and certain data automatically provided by your web browser (e.g. user-agent). might be seen by any statistics tool we might use for gathering usage statistics, but we do not keep it and will never “correlate” it in any with intention of identifying uniquely a person, the user.
In any case, we will keep user’s IP addresses and certain data automatically provided by the user’s web browser (e.g. user-agent) for the period of time that is reasonably necessary, taking into account our needs to resolve problems, make improvements, activate new services and meet the requirements of the applicable legislation.
This means that we can keep your personal data (only IP address and certain data automatically provided by your web browser (e.g. user-agent)) for a reasonable period of time even after you have stopped using this website. After this period, your personal data will be removed from any application we use.
4.5. WHAT IS THE BASIS OF LEGITIMATION FOR THE PROCESSING OF YOUR DATA?
According to the type of data processing, the basis of legitimation is the following
LEGITIMATION BASED TREATMENT
Administrative management & maintenance of the Website. Again, we will only use IP addresses and browsers’ data as observed by the website when it is contacted, and for functional purposes only.
Any contact, through email for instance, would be of person-to-person nature, as this is not a commercial website.
4.6. TO WHICH RECIPIENTS WILL YOUR DATA BE COMMUNICATED?
We will not transfer your personal data (IP address and browser-provided data) to any third company that intends to use them in their direct marketing actions, except in the case that you have expressly authorised us to do so.
We inform you that we can provide your IP address (among others) to Public Administration bodies and competent authorities in those cases that require us legally or in cases where, acting in good faith, we consider that such action is reasonably necessary to comply with a judicial process ; to answer any claim or legal claim; or to protect the rights of the company or its customers and the public in general.
Yes, we might provide your IP address and browser-provided data, not associated to any other personal data, to third parties (eg Internet service providers that help us administer our website or carry out the contracted services, computer support and maintenance companies, etc.). In any case, these third parties must maintain, at all times, the same levels of security as us in relation to their managing of personal data and, when necessary, will be bound by legal commitments in order to keep their personal data in a private and secure way , and also to use only the information following specific instructions of the company.
4.7. TRANSFERS OF DATA TO THIRD COUNTRIES?
No data transfers are planned for third countries.
4.8. WHAT ARE YOUR RIGHTS AS INTERESTED?
Anyone has the right to obtain confirmation about whether we are treating personal data concerning him/her, or not. However, as we only know about IP addresses and users’ browser data when made available – and so we cannot provide any relevant information to interested persons.
Likewise, interested persons can request the right to rectify inaccurate data or, if necessary, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected. Once again though, we have no means of knowing if any particular interested person has visited our website, so we could not rectify anything.
In addition, in certain circumstances, the interested parties may request the limitation of the processing of their data, or in certain circumstances and for reasons related to their particular situation, the interested parties may exercise their right to oppose the processing of their data. We will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims or in those exceptions established in the applicable regulations.
Likewise, we inform you that you have the right to withdraw your consents granted at any time, without affecting the legality of the treatment based on the prior consent to its withdrawal.
Likewise, the User is informed that at any time he / she can exercise the aforementioned rights by writing to us using the contact information that appears in the 1 Exposition of this Legal Notice, but this website being a personal Blog, as a “person-to-person” contact – please be aware that contacting THE OWNER OF THE WEBSITE would, in turn, provide more personal information than ever made available to THE OWNER OF THE WEBSITE before that first contact. THE OWNER OF THE WEBSITE, unless directly contacted, has no means to cross-reference any data collected by the website to any particular person.
5 PROCEDURE IN THE EVENT OF CARRYING OUT ILLICIT ACTIVITIES
In the event that any user or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, you must send a notification to THE OWNER OF THE WEBSITE duly identifying, specifying the alleged infractions and expressly declaring and under their responsibility that the information provided in the notification is accurate.
For any litigious issue that concerns the website of THE OWNER OF THE WEB, the Spanish legislation will be applicable.
6 PUBLICATIONS
The administrative information provided through the website does not replace the legal advertising of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of the public administrations, which constitute the only instrument that attests to its authenticity and content. The information available on this website should be understood as a guide with no purpose of legal validity.