LEGAL NOTICE 

OBJECTIVE

This legal notice regulates the use and utilisation of the web site www.berlys.es, owned by MONBAKE GRUPO EMPRESARIAL S.A.U. (MONBAKE INVESTMENT I S.L., BERLYS CANARIAS S.L.) henceforth, the OWNER OF THE WEBSITE.

Browsing the web site of THE OWNER OF THE WEB SITE, attributes the status of USER and implies the full unreserved acceptance of each and every one of the conditions published in this legal notice, advising that these conditions may be modified without prior warning by THE OWNER OF THE WEB SITE, in which case publication and notification regarding the modification will take place at the first possible opportunity.

For that reason it is recommended that you read the contents carefully in the event that you wish to access and use the information and services offered through the web site.

The user is also obliged to use the web site correctly in accordance with the law, good faith and public order, the use of traffic and this legal Notice, and will answer to THE OWNER OF THE WEB SITE or to third parties, for any loss or damage that may be caused as a consequence of non-compliance with this obligation.

Any use differing from that authorised is expressly prohibited, and THE OWNER OF THE WEB SITE may deny or remove access and use at any moment.

IDENTIFICATION

THE OWNER OF THE WEB SITE in compliance with article 10 of Law 34/2002, of 11 June, on Information Society and Electronic Commerce Services, notifies you that:

 

Its owner is: MONBAKE GRUPO EMPRESARIAL SAU

NIF                                       COMPANY

• A31025778         MONBAKE GRUPO EMPRESARIAL SAU.
• B87868378         MONBAKE INVESTMENT I, S.L.
• B35642347 BERLYS CANARIAS S.L.

 

The trade name is: MONBAKE GRUPO EMPRESARIAL SAU

Telephone: +34 948 235150

Address: Avda. Pamplona 59, 31192 Mutilva (NAVARRA) (SPAN)

 

COMPANY                                                       ADDRESS

MONBAKE INVESTMENT I, S.L. - Avda. Pamplona 59, 31192 Mutilva (NAVARRA) (SPAIN)

BERLYS CANARIAS S.L. -  Polígono Industrial Valle de Güímar, Manzana 9, Parcela 5 38509 Candelaria

 

•  

1. COMMUNICATION

To communicate with us, there are various means of contact available, which are listed below:

Tel: 948 23 51 50
Email: rgpd@monbake.com
Postal address: AVDA. PAMPLONA 59, 31192 de MUTILVA (NAVARRA)

All notifications and communication between users and THE OWNER OF THE WEB SITE will be considered effective, for all purposes, when made via any medium from those listed above, except the telephone.

2. ACCESS AND USAGE CONDITIONS

The web site and its services can be accessed freely at no cost. However, THE OWNER OF THE WEB SITE may allow the usage of some of the services offered on the web site through the prior completion of the corresponding form.

The user guarantees that all data communicated to THE OWNER OF THE WEB SITE are authentic and up to date, and will be solely responsible for any false or inexact declarations made.

The user expressly promises to use the contents and services of THE OWNER OF THE WEB SITE adequately, and not use them, among other things:

• To spread criminal, violent, pornographic, racist, xenophobic, offensive content, or content advocating terrorism or, in general, which is against the law or public order.
• To introduce to the network computer viruses or carry out actions which alter, ruin, interrupt or create errors or damage to electronic documents, data or physical or logical systems of THE OWNER OF THE WEB SITE or of third parties; together with obstructing access to other users of the web site and its services through the massive use of computer resources through which THE OWNER OF THE WEB SITE provides its services.
• To attempt to access the email accounts of other uses or restricted areas of the IT systems of THE OWNER OF THE WEB SITE or of third parties and, in the event, extract information.
• To violate intellectual or industrial property rights, and to violate the confidentiality of the information of THE OWNER OF THE WEB SITE or third parties.
• To supplant the identity of any other user.
• To reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless with authorisation from the owner of the corresponding rights or in the case of it being legally permissible.
• To gather data for advertising purposes and to forward advertising of any nature and communication for the purposes of sales or others of a commercial nature, without prior request or consent.

 

All content on the web page, such as text, photographs, graphics, images, icons, technology, software, and its graphic design and source code, is work whose ownership belongs to THE OWNER OF THE WEB SITE and none of the rights for exploitation of these except those strictly necessary for the correct use of the web site will be understood to be ceded to the user.

In essence, users accessing this web site may see the content and make, in the event, private authorised copies provide the elements reproduced are not subsequently ceded to third parties, or installed on servers connected to networks, or are the object of exploitation of any nature.

Furthermore, all brands, trade names or distinguishing symbols of any nature that appear on the web site are the property of THE OWNER OF THE WEB SITE and use or access to the web site may not be understood to attribute the user with any rights over them.

The distribution, modification, transfer or public communication of the content and any other act that has not been expressly authorised by the owner of the exploitation rights is prohibited.

 

The establishment of a hyperlink does not imply in any case the existence of relations between THE OWNER OF THE WEB SITE and the owner of the web site with which the link is established, not the acceptance and approval by THE OWNER OF THE WEB SITE of its content or services.

THE OWNER OF THE WEB SITE will not be liable for the use that each user makes of the material provided through this web site, nor any actions carried out based on the material. 

3. EXCLUSION OF GUARANTEES AND LIABILITY IN ACCESS AND USAGE

The content of this web site is of a general nature and its purpose is merely informative, without fully guaranteeing access to all content, nor its completeness, correction, vigilance or updating, nor its suitability or utility for a specific objective.

THE OWNER OF THE WEB SITE excludes, as far as the legal system allows, any liability for loss or damage of any nature resulting from:

• Inability to access the web site or a lack of veracity, accuracy, completeness and/or up to date nature of the contents, together with the existence of flaws and defects of any type in the content transmitted, disseminated, stored or made available through access to the web site or in services offered.
• The presence of a virus or other element in the content which could produce alterations to IT systems, electronic documents or user data.

 

Non-compliance with laws, good faith, public order, the use of traffic and this legal advice as a consequence of misuse of the web site. In particular, and by way of an example, THE OWNER OF THE WEB SITE will not be liable for the actions of third parties who violate intellectual or industrial property rights, business secrets, right to honour, to personal and family privacy and to the image itself, together with regulations in matters of unfair competition and illicit advertising.

Furthermore, THE OWNER OF THE WEB SITE accepts no liability with respect to information found outside this web site and is not managed directly by our webmaster. The function of links appearing on the web site is exclusively to inform the user regarding the existence of other sources which may increase the content offered by this web site. THE OWNER OF THE WEB SITE does not guarantee or accept liability for the operation or access to linked sites; nor does the owner suggest, invite or recommend visiting them, and will thus not be responsible for the results obtained. THE OWNER OF THE WEB SITE does not accept responsibility for the setting up of hyperlinks by third parties. 

4. PROCEDURE IN THE EVENT OF ILLICIT ACTIVITIES BEING CARRIED OUT

In the event that any user or 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 web site, they must send notification to THE OWNER OF THE WEB SITE , duly identifying themselves and specifying the supposed violation.

5. PUBLICATIONS

The administrative information provided through the web site does not replace the legal publication of laws, regulations, plans, general provisions and acts that must be formally published in the  official diaries of public administrations, which constitute the sole instrument that testifies to their authenticity and content. The information available on this web site must be taken as a guide, without the purpose of legal validity.

6. PRIVACY POLICY

When we indicate that we wish to obtain information from you, we will always expressly ask that it is provided voluntarily. Data gathered through forms for collecting data on the web site or via other means, will be incorporated within the handling of data of a personal nature which is the responsibility of MONBAKE GRUPO EMPRESARIAL SAU (MONBAKE INVESTMENT I S.L., BERLYS CANARIAS S.L.,) henceforth, the OWNER OF THE WEBSITE.

This company will handle data in a confidential manner, for the sole purpose  of providing    the requested services, with all the legal and   safety guarantees imposed under RGPD UE 2016/679,  Spanish Legislation  Applying LOPD 3/2018 of 5th  December and  Law 34/2002, of 11th  July, on Information  Society and  Electronic Commerce Services.

THE OWNER OF THE WEB SITE will neither cede nor share data with third parties without your express consent.

Furthermore, THE OWNER OF THE WEB SITE will cancel or rectify data when they are inexact, incomplete or have stopped being necessary or pertinent to its ends, in accordance with the provisions of RGPD UE 2016/679, on Personal Data Protection.

The user may revoke the consent provided and exercise the right to access, rectification, suppression, limitation, revocation, objection and portability of their data, contacting for those purposes the following address: THE OWNER OF THE WEB SITE (for the attention of the data protection department , at    rgpd@monbake.com or for the attention of the Delegate for   Data  protection at   dpo@gfmservicios.com , with due identification and expressly indicating the specific right you wish to exercise.

 

THE OWNER OF THE WEB SITE adopts the corresponding levels of security required under RGPD UE 2016/679 and other applicable regulations. However, it cannot guarantee the absolute invulnerability of the systems, and thus assumes no liability for loss or damage resulting from alterations that third parties may cause to IT systems, electronic documents or user files.

If you opt to leave our web site through links to web sites that do not belong to our entity, THE OWNER OF THE WEB SITE will not be liable for the privacy policies of those web sited or the cookies that they may store on the user's computer.

Our policy with respect to email is focussed on only sending communications that you have asked to receive.

If you prefer not to receive these messages via email we provide through them the possibility to exercise your right to cancellation and withdrawal from the reception of these messages, in accordance with the provisions in Heading III, article 22 of Law 34/2002, on Information Society and Electronic Commerce Services.

For further information on our Privacy Policy access through this link

7- APPLICABLE LEGISLATION

These conditions shall be governed by European legislation and in this case shall depend on the controlling authority, the Spanish Data Protection Agency (AEPD) and current Spanish legislation.

The language used will be Spanish.

 

 

BASIC INFORMATION ON DATA PROTECTION

Party responsible: (BERLYS CORPORACION ALIMENTARIA S.A.U /BERLYS CANARIAS S.L. / BELLSOLÀ, S.A.U ) henceforth MONBAKE GROUP

Purpose: Administration, accounts and tax management and the sending of business communication related to our products, the sending of communication related to the trading relationship with our client, including online sales and the provision of services provided, and the sending of products via third parties. Purposes in relation to the user of the services provided on our web pages. www.bellsola.com, www.berlys.es, www.bertiz.es, www.oriotradicion.com , www.hornoartesano.com, www.betina.es y www.gustazismo.com

Legitimacy:

• Fulfilment of a contract.
• Compliance with a legal obligation.
• Permission from the interested party.
• Legitimate interest of the party responsible.

Recipients: Data transfer to the following may be envisaged: Public administration bodies with competence in the area; organisations and companies connected to the party responsible for handling the data, which facilitate the service provision; transport companies; communication companies; banks, building societies; financial institutions and payment gateways for online sales. Companies connected to the MONBAKE business Group

Rights: You have the right to access, rectify and eliminate data, together with other rights, indicated in the additional information, which may be executed directly via the email address rgpd@monbake.com

Provenance: From the interested party and from our web pages.

Additional information: Additional detailed information on Data Protection is available on our web pages: www.bellsola.com, www.berlys.es, www.bertiz.es, www.oriotradicion.com , www.hornoartesano.com, www.betina.es y www.gustazismo.com

8. Who is responsible for handling your data?

Identification and addresses:

Email: rgpd@monbake.com

Data Protection Officer (DPO) CONSULTING & STRATEGY GFM S.L. (GFM SERVICIOS)

Contact DPD:– dpo@gfmservicios.com

9. For what ends will we handle your personal data?

GDPR: 6.1.a) The data subject has given consent to the processing of his or her personal data for one or more specific purposes: transfer of data to companies necessary for the provision of the requested service, transfer of data to third party applications for external services, the sending of commercial promotions

GDPR: 6.1.b) Processing necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

GDPR: 6.1.c) Processing necessary for compliance with a legal obligation to which the controller is subject.

GDPR: 6.1.f) Processing necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights of the data subject.

Administration management, accounts, tax, the sending of communications related to the trade relationship with our client, and to the provision of the services provided, the sending of products via third parties.

10. How long will we save your data for?

The legal basis for data handling is given below:

• Ejecución de un contrato: compraventa de productos y / o servicios suministrados
• Cumplimiento de obligaciones legales derivadas de nuestra relación profesional, laboral o mercantil
• Interés legítimo del Responsable: todas aquellas finalidades descritas y relacionadas con el servicio prestado y/o producto suministrado: compra, atención al cliente, devolución, cesión a terceros para el transporte y entrega, gestión de ofertas a clientes, comunicaciones con el cliente en relación al servicio, reclamaciones y quejas, cesión de datos a terceros para la prestación de los servicios y la coordinación de actividades empresariales
• Consentimiento del interesado: finalidades en las que solicitamos el consentimiento del usuario y/o cliente: envío de comunicaciones comerciales.

11. What is the legal basis for data handling?

The legal basis for data handling is given below:

• The execution of a contract: the sale/purchase of products and/or services provided
• Compliance with legal obligations resulting from our professional, labour or trade relationship.
• Legitimate interest of the Controller: all those ends described and related to the service provided and/or the product supplied: purchase, customer care, return, transfer to third parties for transport and delivery, management of offers to clients, communication with the client in relation to the service, claims and complaints, transfer of data to third parties for the provision of services and the coordination of business activities.
• Consent of the data subject: ends for which we request the consent of the user and/or client: the sending of commercial communication.

12. Who will be the recipients of your data?

The data will be passed on to the following recipients:

• Public administration with competence in the matter, in order to comply with legal obligations
• Social Security treasury and other public bodies.
• Organisations and companies related to the controller of the data handling, in order to provide external services to the company, such as: advice, consultancy, IT services, auditors, insurance, occupational risk prevention, travel agencies, lawyers and other providers of external services.
• Companies related to the MONBAKE business Group
• Banks, Building Societies, financial institutions and payment gateways for online sales.

13. Will data be transferred to other countries?

Any person has the right to obtain confirmation regarding whether or not at MONBAKE Group we are handling their personal data.

Persons who are interested have the right to access their personal data, and to request rectification of inexact data or, in the event, request their suppression when, among other reasons, the data are not now necessary for the purpose for which they were gathered.

In specific circumstances, interested parties may request a limitation on the treatment of their data, in which case we will only save the data for the exercise of or defence against claims.

In specific circumstances, and for reasons related to their particular situation, the parties concerned may object to the handling of their data. In this case, MONBAKE Group will desist from handling the data, except for legal or compelling reasons, or in the exercise of or defence against possible claims.

Rights may be materially exercised in the following way: you have the right to access, rectify and eliminate data, together with other rights, indicated in the additional information, which may be executed directly in the offices of the MONBAKE Group or via the email address rgpd@monbake.com

If you have given consent for some specific end, you have the right to withdraw the consent given at any moment, without this affecting the legality of the treatment based on consent prior to withdrawal.

In the event of feeling that your rights have been violated with respect to the protection of personal data, particularly when you have not been satisfied by the execution of your rights, you may present a complaint to the competent Controlling Authority in matters of Data Protection via their web site: www.agpd.es

14. How did we obtain your data?

The personal data handled by companies in the MONBAKE Group come directly from the interested party.

The categories of data handled are:

• Identifying data
• Images and Videos
• Fingerprints
• Postal and email addresses
• Commercial information
• Economic information

15. SECURITY

MONOBAKE Group will maintain the confidentiality of the data and any processing in such a way that your privacy is protected in the terms set out in Law, guaranteeing compliance with this policy by the company and third parties which have a legal relationship establishing the adequate provision of their services.

16. VALIDITY, REVIEW AND DATE OF UPDATE

This policy comes into force on 25th May 2018, and replaces what was to that date implemented within the MONBAKE Group

Date of latest update: March 2019