LEGAL NOTICE AND GENERAL TERMS OF USE OF THE WEBSITE
In compliance with the information obligation established in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided:
The ownership of this website, www.besinspain.es (hereinafter, the Website), is held by 5 ELEMENT BES SPAIN S.L., with NIF: B93624328, registered in the Commercial Registry of Málaga with the following registration details: June 12, 2018, under entry 1027 of Journal 403, causing the registration Ia of sheet MA-145767, on folio 99 of volume 5742 of the archive, book number 4549 of the General Section of Companies. The company representative is Yevgen Tykhovod, and the contact details are as follows:
Address: Avda. La Resina N.º 70, Portal 14, Bajo - B, Urb. "SUNSET GOLF"
29689 Estepona (Málaga)
Contact phone: 677 331 627
Contact email:
The purpose of the Terms:
The Website
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 will be understood as: the external appearance of the screen interfaces, both static and dynamic (i.e., the navigation tree), and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, Content), as well as all online services or resources offered to Users (hereinafter, Services).
5 ELEMENT BES SPAIN reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Content and Services that may be incorporated. The User acknowledges and accepts that 5 ELEMENT BES SPAIN may, at any time, interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them.
In addition to the cost of connection through the telecommunications network provided by the access provider, which the User has contracted, some of the Content or Services offered by 5 ELEMENT BES SPAIN or, where appropriate, third parties through the Website may require prior contracting of the Content or Service, in which case the corresponding General or Specific Terms will be clearly specified and/or made available to the User.
The use of certain Content or Services on the Website may require prior User subscription or registration.
The User
Access, browsing, and use of the Website, as well as the spaces enabled for interaction between Users and between the User and 5 ELEMENT BES SPAIN, such as comments and/or blogging spaces, confer the condition of User, implying acceptance of all the Terms established herein, as well as any subsequent modifications, without prejudice to the application of applicable legal regulations.
Given the importance of the above, it is recommended that the User review the Terms each time they visit the Website.
The Website of 5 ELEMENT BES SPAIN provides a wide variety of information, services, and data. The User assumes responsibility for making proper use of the Website, which includes:
The use of the information, Content, and/or Services and data offered by 5 ELEMENT BES SPAIN in a manner that does not contravene these Terms, the Law, morality, or public order, or in any way that may harm the rights of third parties or the functioning of the Website.
The truthfulness and legality of the information provided by the User in the forms offered by 5 ELEMENT BES SPAIN to access certain Content or Services offered by the Website. In any case, the User will immediately notify 5 ELEMENT BES SPAIN of any fact that may allow the misuse of the information registered in these forms, such as theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.
5 ELEMENT BES SPAIN reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that constitute spam, that threaten youth or childhood, public order or security, or that, in its opinion, are not suitable for publication.
In any case, 5 ELEMENT BES SPAIN will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools.
Accessing this Website does not imply the existence of a commercial relationship between 5 ELEMENT BES SPAIN and the User.
The User declares that they are of legal age and have sufficient legal capacity to be bound by these Terms. Therefore, this Website of 5 ELEMENT BES SPAIN is not intended for minors. 5 ELEMENT BES SPAIN declines any responsibility for non-compliance with this requirement.
The Website is mainly directed at Users residing in Spain. 5 ELEMENT BES SPAIN does not guarantee that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they will do so at their own risk and must ensure that such access and browsing comply with applicable local laws. 5 ELEMENT BES SPAIN assumes no responsibility for such access.
Limitation of Liability
5 ELEMENT BES SPAIN does not guarantee the continuity, availability, or usefulness of the Website, its Content, or Services. 5 ELEMENT BES SPAIN will do everything possible to ensure the proper functioning of the Website; however, it does not take responsibility for or guarantee that access to this Website will be uninterrupted or error-free.
Neither does it take responsibility for or guarantee that the content or software accessible through this Website is error-free or that it may not cause damage to the User's computer system (both software and hardware). In no case will 5 ELEMENT BES SPAIN be responsible for any losses, damages, or harm of any kind arising from the access, navigation, or use of the Website. This includes, but is not limited to, damage caused to computer systems or those caused by the introduction of viruses.
Similarly, 5 ELEMENT BES SPAIN is not responsible for damages that Users may suffer from improper use of the Website. In particular, it assumes no responsibility for failures, interruptions, malfunctions, or defects in telecommunications that may occur.
Respecting the provisions of the applicable legislation, 5 ELEMENT BES SPAIN is committed to adopting 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 current Spanish and European regulations on the protection of personal data on the internet. Specifically, it complies with the following regulations:
- The Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data (GDPR).
- Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD).
- Royal Decree 1720/2007, of December 21, approving the Regulation for the development of Organic Law 15/1999, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE).
Identity of the data controller
The data controller of the personal data collected by 5 ELEMENT BES SPAIN is: 5 ELEMENT BES SPAIN S.L., with NIF: B93624328, registered in the Málaga Commercial Registry with the following registration details: June 12, 2018, under entry 1027 of Journal 403, causing the registration Ia of sheet MA-145767, on folio 99 of volume 5742 of the archive, book number 4549 of the General Section of Companies. Its representative is: YEVGEN TYKHOVOD.
Contact details:
Address: Avda. La Resina N.º 70, Portal 14, Bajo - B, Urb. "SUNSET GOLF"
29689 Estepona (Málaga)
Contact phone: 677 331 627
Contact email:
Data Protection Officer (DPO)
The Data Protection Officer (DPO) is responsible for ensuring compliance with data protection regulations applicable to 5 ELEMENT BES SPAIN. The User can contact the DPO using the following contact details:
Registration of Personal Data
The personal data collected by 5 ELEMENT BES SPAIN through the forms on its pages will be entered into an automated file under the responsibility of the Data Controller and duly registered in the General Registry of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, expedite, and fulfill the commitments established between 5 ELEMENT BES SPAIN and the User.
Principles applicable to the processing of personal data
The processing of the User's personal data will be governed by the following principles in Article 5 of the GDPR:
- Principle of lawfulness, fairness, and transparency.
- Principle of purpose limitation.
- Principle of data minimization.
- Principle of accuracy.
- Principle of storage limitation.
- Principle of integrity and confidentiality.
- Principle of proactive responsibility.
Categories of personal data
The categories of data processed by 5 ELEMENT BES SPAIN are solely identifying data. No special categories of personal data are 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. 5 ELEMENT BES SPAIN is committed to obtaining the User's express and verifiable consent for one or more specific purposes.
The User has the right to withdraw their consent at any time, and doing so will be as easy as giving it.
Purposes of processing personal data
Personal data is collected to facilitate and fulfill the commitments between the Website and the User. They may also be used for commercial, statistical, and marketing research purposes.
Retention periods for personal data
Personal data will only be retained for 18 months or until the User requests its deletion.
Recipients of personal data
The User's data will not be shared with third parties unless the User is informed.
Personal data of minors
Only individuals over the age of 14 can give consent. For minors under 14, parental or guardian consent will be required.
Confidentiality and security of personal data
5 ELEMENT BES SPAIN guarantees the security of personal data through appropriate technical and organizational measures. The Website has an SSL certificate that ensures the encrypted transmission of data.
Rights arising from the processing of personal data
- Right of access: To obtain confirmation regarding the processing of personal data.
- Right of rectification: To modify incorrect or incomplete data.
- Right of erasure ("the right to be forgotten"): To request the deletion of personal data when it is no longer needed.
- Right to restrict processing: To limit the use of personal data in certain cases.
- Right to data portability: To request the transfer of data to another data controller.
- Right to object: To object to the processing of personal data.
The User may exercise these rights by sending written communication to the Data Controller with the reference "GDPR-www.besinspain.es".
Complaints to the supervisory authority
The User has the right to file a complaint with the Spanish Data Protection Agency (http://www.agpd.es).
Acceptance and changes to this privacy policy
Use of the Website implies acceptance of the Privacy Policy. 5 ELEMENT BES SPAIN reserves the right to modify it in accordance with legislative or doctrinal changes. Any changes will be notified to the User. This Privacy Policy was last updated on [insert current date].
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 browse— allowing the server to remember certain information that will later be read solely by the server that implemented them. Cookies facilitate navigation, make it more user-friendly, and do not damage the browsing device.
Cookies are automatic procedures for collecting information regarding the preferences determined by the User during their visit to the Website, in order to recognize them as a User, personalize their experience and use of the Website, and can also help identify and resolve errors.
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 before and after it. However, no cookie allows contact with the User via their phone number or any other personal contact method. No cookie can extract information from the User’s hard drive or steal personal information. The only way that the User's private information forms part of a cookie file is if the User personally provides that information to the server.
Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this regard, the User's consent will be required for their use, provided through a genuine choice, offered by means of an affirmative and positive decision, before initial processing, and revocable and documented.
First-party Cookies
These are cookies sent to the User's computer or device and managed exclusively by 5 ELEMENT BES SPAIN for the best functioning of the Website. The information collected is used to improve the quality of the Website and the User’s experience. These cookies allow the User to be recognized as a recurring visitor to the Website and the content to be tailored to their preferences.
Social media cookies
5 ELEMENT BES SPAIN incorporates social media plugins that allow access to social networks from the Website. For this reason, social media cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, and they are responsible for their own files and privacy practices. The User should refer to these policies for further information on their cookies and, where applicable, the processing of personal data.
For more information, links to the privacy and/or cookie policies of some social networks are provided below:
Disabling, rejecting, and deleting cookies
The User can disable, reject, and delete cookies —either in whole or in part— installed on their device by configuring their browser (such as Chrome, Firefox, Safari, Explorer). The procedures may differ between browsers, so the User should refer to the instructions provided by the browser they are using. If cookies are rejected —either in whole or in part— the Website may still be used, although some functions may be limited.
Changes to the Cookie Policy
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 to stay informed about how and why cookies are used.
5 ELEMENT BES SPAIN reserves the right to take any civil or criminal actions it deems necessary in the event of improper use of the Website and its Contents, or for non-compliance with these Terms.
The relationship between the User and 5 ELEMENT BES SPAIN will be governed by the applicable laws in force in the Spanish territory. In the event of any dispute regarding the interpretation and/or application of these Terms, the parties will submit to the ordinary jurisdiction, turning to the courts and tribunals that correspond according to law.
Last modification: August 29, 2024