Legal texts

This section will be on the booking engine. You can modify the type of legal notice that Avirato has by default. In this default notice, the values presented between the $ are configured earlier in the section Establishment.

Protection of personal data according to the LOPD.

$FiscalName$, in application of the current regulations in terms of personal data protection, informs that the personal data collected through the forms of the website www.avirato.com, are included in the automated files of users of $FiscalName$ 

The collection and automated processing of personal data is intended to maintain the business relationship and performance of information, training, advice tasks and other activities of $FiscalName$. 

These data will only be transferred to those entities that are necessary to comply with the said purpose.

$FiscalNames$ takes the necessary measures to ensure the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals, regarding the processing of personal data and on the free movement of such data.

Users will be able at all times to exercise their rights of access, rectification, cancellation, opposition, limitation and portability of their personal data, free-charge by email to: $Email$ or at the address: $address$.

Users declare that all the provided data are true and correct. Also, they agree to keep them updated, notifying the changes to $FiscalName$. Purpose of personal data processing 

For what purpose will we process your personal data? 

In $FiscalName$, we will treat your personal data collected, with the following purposes: 

1. In case of contracting the goods and services offered through www.avirato.com, to maintain the contractual relationship, as well as the management, administration, information, provision and improvement of the service.
2. Sending information requested through the forms provided in www.avirato.com or AVIRATO (management program). 
3. Sending of newsletter, as commercial communication, news, offers or publicity of  www.avirato.com and about the hotel sector. 

We remind you that you can oppose the sending of commercial communications by any means and at any time, by sending an e-mail to the address above. 

The fields in these records are mandatory, and it is impossible to carry out the purposes expressed if these data are not provided. 

How long are the personal data kept? 

The personal data provided will be kept as long as the business relationship is maintained, or you do not request its deletion. Also, while legal responsibilities for the services provided may arise.

Legitimacy: 

The treatment of your data is carried out with the following legal bases that legitimize it: 

1. The request for information or the hiring of the services of $FiscalName$, whose terms and conditions will be available to you in any case, prior to an eventual hiring.
2. The free, specific, informed and unequivocal consent must be given after reading the Privacy Policies provided, by accepting as a statement or a clear affirmative action, such as checking a box provided for that purpose.

In case you do not provide us with your data, you do it incorrectly or incompletely, we will not be able to attend your request and it will be totally impossible to provide you with the requested information or carry out the contracting of the services.

Recipients:

The data will not be communicated to any third party other than $FiscalName$, unless legally obligatedº to do so. 

As data processors, we have contracted the following service providers, having committed themselves to complying with the applicable data protection regulations at the time of contracting:

• $TaxFilm$, with CIF/NIF nº: $TaxID$ 

Social address in: $TaxID$, provides services of: Property management system.

 You can consult the privacy policies and other legal aspects of the company on the following link: www.avirato.com

Data collected by users of the services 

In cases where the user includes files with personal data on the shared hosting servers, $FiscalName$ is not responsible for the user’s failure to comply with the RGPD.

Data retention in accordance with the LSSI 

$FiscalName$ informs that, as a data hosting service provider and by virtue of the provisions of Law 34/2002 of July 11th on Information Society Services and Electronic Commerce (LSSI), it retains at most 12 months the necessary information to identify the origin of the data hosted and the time when the service began. The retention of this data does not affect the secrecy of communications and may only be used in the framework of a criminal investigation or to safeguard the public security, by making available to judges or courts or the Ministry that so requires.

The communication of data to the Forces and Bodies of the State will be made in accordance with the provisions of the regulations on personal data protection.

Intellectual property rights www.avirato.com

$FiscalName$ is the owner of all the copyrights, intellectual and industrial property, know-how and any other rights related to the contents of the website www.avirato.com and the services offered therein, as well as the programs necessary for its implementation and related information. 

No reproduction, publication and/or use not strictly private of the contents, total or partial, of the website www.avirato.com is allowed without prior written consent.

Intellectual property of the software

The user must respect the third party programs provided by $FiscalName$, even if they are free or publicly available.

$FiscalName$ holds the necessary exploitation and intellectual property rights for the software. 
The user does not acquire any right or license over the hired service, the software necessary for the provision of the service, nor the technical information for monitoring the service, except for the rights and licenses necessary for the fulfillment of the hired services and only for the duration of them.

For any action that exceeds the fulfillment of the contract, the user will need written authorization from $FiscalName$, being forbidden to the user to access, modify, visualize the configuration, structure and files of the servers owned by $FiscalName$, assuming the civil and criminal responsibility resulting from any incidence that could occur in the servers and security systems as a direct consequence of a negligent or malicious action on his part.

Intellectual property of the hosted contents 

Any contrary use to the legislation on intellectual property of the services provided by $FiscalName$ and specifically of:

-The contrary use to Spanish law or infringes the rights of third parties. 

– The publication or transmission of any content that, in the opinion of $FiscalName$, is violent, obscene, abusive, illegal, racial, xenophobic or defamatory.

– Cracks, program serial numbers or any other content that infringes on the intellectual property rights of third parties.

– The collection or use of other users’ personal data without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals, with regard to the processing of personal data and the free movement of such data. 

– The use of the domain’s mail server and e-mail addresses for sending bulk unwanted mail.

The user is fully responsible for the content of his website, the information transmitted and stored, the hypertext links, the claims of third parties and the legal actions regarding intellectual property, rights of third parties and protection of minors. 

The user is responsible for the laws and regulations in force, and the rules that have to do with the operation of the online service, e-commerce, copyright, public order maintenance, as well as universal principles of Internet use. 

The user will indemnify $FiscalName$ for any expenses generated by the imputation of $FiscalName$ in any case for which the user is responsible, including legal defense fees and expenses, even in the case of a non-definitive judicial decision. 

Protection of hosted information 

$FiscalName$ makes backups of the contents hosted on its servers. However; it is not responsible for the loss or accidental deletion of data by users. Similarly, it does not guarantee the total replacement of the data deleted by users, as such data may have been deleted or modified during the period of time since the last backup. 

Except for specific backup services, the services offered do not include the replacement of the contents kept in the backups made by $FiscalName$, when this loss is attributable to the user; in this case, a rate will be determined according to the complexity and volume of the recovery, always with the user’s acceptance. 

The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to $FiscalName$. 

Commercial communications 

In application of the ISSL,  $FiscalName$ will not send advertising or promotional communications by e-mail or other equivalent electronic communication means that have not been previously requested or expressly authorized by the recipients of them.

In the case of users who there is a previous contractual relationship with, $FiscalName$ is authorized to send commercial communications regarding products or services of $FiscalName$ that are similar to those initially contracted with the client. 

In any case, after proving their identity, the user may request that no more commercial information is sent through the Customer Support channels.