LEGAL NOTICE, PRIVACY POLICY AND COOKIE POLICY

Last updated on May 24, 2018

Here you will find all the information regarding the legal terms and conditions that govern the relationship between you, as a user, and me, the entity responsible for this website. As a user, it is important that you know these terms before continuing to browse.

MadridNYC Studio SL, as the party responsible for this website, undertakes to process the information of its users and clients with full guarantees and to comply with the national and European requirements that regulate the collection and use of my users’ personal data.

This website therefore strictly complies with Organic Law 15/1999 of December 13 on the Protection of Personal Data (LOPD), and with Royal Decree 1720/2007 of December 21, known as the LOPD implementing regulations. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons (GDPR), as well as with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSICE or LSSI).

These general conditions govern the use (including mere access) of the web pages that make up the website of MadridNYC Studio SL, including the content and services made available on them. Anyone who accesses the website, madridnyc.es (“user”), agrees to be bound by the general conditions in force at any given time on the portal.

Identification details of the data controller:

  • Company name: MadridNYC Studio SL
  • Trade name: MadridNYC España
  • Registered address: Avenida de Portugal 173 7ªA, 28011 Madrid
  • Tax ID (CIF): B86931920
  • Email: oscar@madridnyc.com

Personal data collected:

On behalf of the company, we process the information you provide to us in order to deliver the requested service and to invoice for it (see more information below under PRIVACY POLICY).

The data provided will be kept for as long as the business relationship lasts or for the years necessary to comply with legal obligations. The data will not be disclosed to third parties except where there is a legal obligation.

You have the right to obtain confirmation as to whether MadridNYC Studio SL is processing your personal data and, therefore, you have the right to access your personal data, to rectify inaccurate data, or to request their deletion when the data are no longer necessary.

Purpose of the website:

The services provided by the person responsible for the website are the following:

  • Graphic design.
  • Web development.
  • Application development.
  • Related digital marketing services.

User obligations:

The user is informed, and accepts, that access to this website does not in any way constitute the start of a business relationship with MadridNYC Studio SL. Accordingly, the user undertakes to use the website, its services and its content without contravening current legislation, good faith and public order.

Use of the website for unlawful or harmful purposes, or in any way that may cause damage or prevent the normal operation of the website, is prohibited. With regard to the content of this website, the following is prohibited:

  • Its reproduction, distribution or modification, in whole or in part, unless I have given authorization as the legitimate owner;
  • Any infringement of the rights of the provider or of me as the legitimate owner;
  • Its use for commercial or advertising purposes.

When using the website, madridnyc.es, the user undertakes not to engage in any conduct that could damage the image, interests and rights of MadridNYC Studio SL or of third parties, or that could damage, disable or overload the portal, or that would in any way prevent the normal use of the website.

However, the user must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, madridnyc.es cannot guarantee the absence of malware or other elements that may cause alterations to the user’s computer systems (software and hardware) or to the electronic documents and files stored on them, although I use all the necessary means and appropriate security measures to prevent the presence of these harmful elements.

Intellectual and industrial property rights:

Pursuant to Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the content of this website for commercial purposes, on any medium and by any technical means, without the authorization of MadridNYC Studio SL, are expressly prohibited.

The user undertakes to respect the Intellectual and Industrial Property rights owned by. The user knows and accepts that the entire website, containing, without limitation, text, software, content (including its structure, selection, arrangement and presentation), podcasts, photographs, audiovisual material and graphics, is protected by trademarks, copyrights and other legitimate rights, in accordance with the international treaties to which Spain is a party and other property rights and laws of Spain.

If a user or a third party considers that their legitimate intellectual property rights have been infringed by the posting of certain content on the website, they must notify MadridNYC Studio SL of this, indicating:

  • The personal details of the interested party holding the allegedly infringed rights, or the representation on which they act if the claim is submitted by a third party other than the interested party.
  • The content protected by intellectual property rights and its location on the website, proof of the intellectual property rights indicated, and an express statement in which the interested party takes responsibility for the truthfulness of the information provided in the notification.

Exclusion of warranties and liability:

MadridNYC Studio SL gives no warranty and accepts no liability, in any case, for damages of any kind that may arise from:

  • The lack of availability, maintenance and effective operation of the website, or of its services and content.
  • The existence of malware, or malicious or harmful programs, in the content;
  • Unlawful, negligent or fraudulent use, or use contrary to this Legal Notice;
  • The lack of lawfulness, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the website.

The provider accepts no liability whatsoever for damages that may arise from the unlawful or improper use of this website.

Applicable law and jurisdiction:

In general, the relations between MadridNYC Studio SL and the users of its online services on this website are subject to Spanish law and jurisdiction.

Contact:

If any user has any questions about these Legal Terms or any comments about the website madridnyc.es, please contact oscar@madridnyc.com.

PRIVACY POLICY

In accordance with the new EU General Data Protection Regulation (GDPR) 2016/679 and Organic Law 15/1999 on the Protection of Personal Data (LOPD) and its implementing regulations, the legal person responsible for this website (MadridNYC Studio SL), in compliance with Articles 5 and 6 of the LOPD, informs users who provide or are going to provide their personal data that these will be included in an automated file duly registered with the Spanish Data Protection Agency.

Responsible entity:

  • Company name: MadridNYC Studio SL
  • Trade name: MadridNYC España
  • Registered address: Avenida de Portugal 173 7ªA, 28011 Madrid
  • Tax ID (CIF): B86931920
  • Telephone: 626270245
  • Activity: Graphic design, web development, app development and related digital marketing services
  • Contact email: oscar@madridnyc.com

Legal basis and purpose of data use:

This website collects data such as email addresses, telephone numbers or other professional data in order to offer valuable content and resolve specific business enquiries from companies and online businesses.

By clicking the “I have read and accept the privacy policy” button, users expressly, freely and unambiguously accept that their personal data be processed by the provider for the following purposes:

  1. Sending communications by email, social communities or any other electronic means, present or future, that allows commercial and/or collaborative communications to be made. Such communications will always be closely related to the service offered (graphic design and programming), as well as to complementary services in 360 digital marketing strategy offered by the collaborators or partners with whom it has reached an agreement.
  2. In this case, third parties will never have access to personal data. In any case, communications will be sent by the independent professional in charge of managing the website’s content and will concern products and services related to the sector.
  3. Carrying out statistical studies.
  4. Processing orders, requests or any type of petition made by the user through any of the contact forms made available to the user on the website.
  5. Sending the website’s newsletter.

Under no circumstances will this data be used to send automatic emails aimed at recovering abandoned carts, nor to inform about offers and discounts without prior consent to receive such notifications.

Recipients:

MadridNYC Studio SL expressly informs and guarantees to users that their personal data will not be disclosed to third-party companies under any circumstances, and that whenever any type of disclosure of personal data is to be made, the express, informed and unambiguous consent of the data subjects would be requested beforehand.

All the data collected through the website is mandatory, as it is necessary for providing an optimal service to the user, and is stored in Mailrelay as the email delivery manager, under the supervision and privacy policies of the company CPC Servicios Informáticos. In addition to using an email marketing campaign manager, the data is collected by payment management platforms (see PayPal’s privacy policy) and content analysis tools such as Disqus and Google Analytics (Google’s privacy policies).

User rights:

The entity legally responsible for this website guarantees the user in all cases the exercise of the rights of access, rectification, cancellation, information and objection, under the terms set out in current legislation.

Therefore, in accordance with the GDPR (General Data Protection Regulation), the LOPD (Organic Law on the Protection of Personal Data) and the LSSI (Law on Information Society Services and Electronic Commerce), you may exercise your rights by sending an express request, together with a copy of your national ID (DNI), to: oscar@madridnyc.com

Likewise, after subscribing to the newsletter through any of the forms provided, you may unsubscribe at any time by clicking the “Unsubscribe” link provided at the end of all emails sent.

Likewise, all the technical and organizational measures necessary to guarantee the security and integrity of the personal data processed have been adopted, as well as to prevent their loss, alteration and/or access by unauthorized third parties.

The legal owner of this site, on its own behalf or on behalf of a third party contracted to provide measurement services, may use cookies when a user browses the website. Those used on this website are, in any case, temporary in nature, with the sole purpose of making their subsequent transmission more efficient.

Under no circumstances will cookies be used to collect personal information.

The user can configure their browser to be notified of the receipt of cookies and to prevent their installation on their device.

Purpose of the use of cookies:

A cookie is a very small text file that is stored on our computer or device when we access any website.

Their function is to collect and store technical information about users’ browsing or their device, such as preferences, content, usage statistics, or links to social networks (among others). They do NOT collect sensitive information such as credit cards, ID numbers or personal data (only purely technical data).

Through the use of cookies, the server where the website is hosted can recognize the web browser used by the user in order to make browsing easier, allowing, for example, previously registered users to access areas, services, promotions or contests reserved exclusively for them without having to register on each visit.

They are also used to measure audience and traffic parameters, and to monitor progress and the number of entries.

Cookies do not identify us as individuals; they are associated with the type of browser we are using. If, after browsing in Firefox, we switch to browsing in Google Chrome, the website will not detect us as the same person.

Their purpose is to adapt a website’s content to the needs of each user profile. In other words, they aim to improve the user experience, although the user will always have the option to delete or disable them if they wish.

Types of cookies:

There are technical cookies, which detect whether the browsing is human or automated by an app; analytics cookies, which collect information about the type of browsing; and advertising cookies, which display advertising based on the user’s type of browsing.

We can also speak of first-party cookies and third-party cookies, which are distinguished by being generated by the page itself or by external providers such as Facebook or Google.

In accordance with the Spanish Data Protection Agency, at MadridNYC Studio SL we comply with the obligation to inform our users about our cookie policy:

  • We use first-party cookies to detect whether the comments written by users are really human, so that we avoid SPAM comments.
  • As for third-party cookies, we have those stored by Google Analytics to analyze the behavior of our users, as well as those that come from WordPress plugins and their different apps that allow our users to enjoy features such as social buttons to like and share.

Disabling cookies:

If you do not want to allow the use of certain cookies, it is possible to delete or block those installed on your computer. You can do this in each browser, either generally or for a specific domain, by accessing its corresponding settings:

However, it should be borne in mind that when we disable cookies, we cause the website we access to lose notable competitiveness, since it will not be able to collect technical information about us or analyze traffic statistics.

These are some of the features we may lack when not accepting a website’s cookie policy:

  • We cannot share content from that site on social networks.
  • The content cannot be adapted to our personal or geographic preferences.
  • It is not possible to access our user area (if one exists).
  • In an ecommerce site we cannot make online purchases.
  • On blogs like this one we are unable to post comments.
  • The advertising shown is not in line with our interests.

Activity logs:

The website’s servers may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet.

All this information is recorded in a duly registered server activity log that allows the data to be subsequently processed in order to obtain purely statistical measurements that make it possible to know the number of page impressions, the number of visits to the web services, the order of visits, the access point, etc.

Security:

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data.

To achieve these purposes, the user/client agrees that the provider may obtain data for the purposes of the corresponding authentication of access controls.