Guided: Terms of Service


Legal notice and general conditions of use of the website www.guided.rocks

Last modification: December 1, 2020

I. GENERAL INFORMATION


In fulfillment with the duty of information arranged in the Law 34/2002 of Services of the Society of the Information and the Electronic Trade (LSSI-CE) of July 11, the following data of general information of this Web site are facilitated next: The ownership of this website, www.guided.rocks, (hereinafter Website) is held by: CULTUREPORT SL, whose representative is: Ivan Minguez Guillem, and whose contact details are: Address: Calle Cervantes, 20 (46450) Benifaio, Valencia, Valencian Community, Spain.

Contact email: info@guided.rocks

II. GENERAL TERMS AND CONDITIONS OF USE


The object of the conditions: The Website

The purpose of the present General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of the Website. For the purposes of these Terms and Conditions, the Website shall mean: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be offered to Users (hereinafter, Services). Guided reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Guided may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them. Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted. The use of any of the Contents or Services of the Web Site may be made through the prior subscription or registration of the User. The User The access, navigation and use of the Web Site, confers the condition of User, so that the User accepts, from the beginning of the navigation through the Web Site, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulation of obligatory fulfillment according to the case. Given the relevance of the above, the User is recommended to read them every time you visit the Website. The Guided Web Site provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility extends to: - A use of the information, Content and / or Services and data offered by Guided without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website. - The veracity and legality of the information provided by the User in the forms provided by Guided for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Guided about any event that allows the misuse of the information recorded on such forms, such as, but not limited to, the theft, loss, or unauthorized access to identifiers and / or passwords, in order to proceed to its immediate cancellation. The mere access to this Web Site does not imply any kind of commercial relationship between Guided and the User. Always in compliance with current legislation, this Guided Website is intended for all persons, regardless of age, who may access and/or browse the pages of the Website.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY


Guided does not guarantee the continuity, availability and usefulness of the Website, or of the Content or Services. Guided will make every effort to ensure the proper functioning of the Website, however, Guided makes no representation or warranty that access to the Website will be uninterrupted or error free.

Nor does Guided make any representation or warranty that any content or software that may be accessed through this Web Site will be error-free or cause damage to the User's computer system (software and hardware). In no event shall Guided be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses. Guided is also not responsible for any damage that may be caused to users by improper use of this Web Site. In particular, Guided shall not be liable in any way for the failures, interruptions, faults or defects in telecommunications that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY


Respecting the provisions of current legislation, Guided 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 that incorporates this privacy policy This privacy policy is adapted to the Spanish and European legislation in force on the protection of personal data on the Internet. Specifically, the same respects the following regulations: - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). - The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD). - Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD). - Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE). Identity of the person responsible for the processing of personal data The person responsible for the processing of personal data collected in Guided is: CULTUREPORT SL, whose representative is: Ivan Minguez Guillem (hereinafter also Responsible for processing). Their contact details are as follows: Address: Calle Cervantes, 20 (46450) Benifaio, Valencia Comunidad Valenciana, Spain Contact Email: info@guided.rocks Registration of Personal Data In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Guided through the forms provided on its pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between Guided and the User or the maintenance of the relationship established in the forms that this fill, or to meet a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD applies, a record of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD. Principles applicable to the processing of personal data The processing of the User's personal data shall be subject to the following principles set out in Article 5 of the GDPR:

• Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which the personal data is collected.

• Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.

• Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.

• Accuracy principle: personal data must be accurate and always up to date.

• Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes for which they are processed.

• Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality.

• Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data The categories of data processed by Guided are only identification data. In no case, special categories of personal data within the meaning of Article 9 of the GDPR are processed. Legal basis for the processing of personal data The legal basis for the processing of personal data is consent. Guided undertakes to obtain the express and verifiable consent of the User to the processing of his personal data for one or more specific purposes.

The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not condition the use of the Website. On the occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because they are essential for the proper conduct of the operation performed.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses to which the collected information will be put. Retention periods of personal data Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: one year, or until the User requests its deletion. At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period. Recipients of the personal data The personal data of the User will be shared with the following recipients or categories of recipients: Aruba S.P.A.
Via S. Clemente, 53
(24036) Ponte San Pietro
Bergamo, Italy

In the event that the Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of a Commission adequacy decision. Personal data of minors Respecting the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by Guided. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have authorized it. Secrecy and security of personal data Guided undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data. The Web Site has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encrypted.

However, because Guided cannot guarantee the impregnability of the Internet or the total absence of hackers or others fraudulently accessing personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data. Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible. Rights arising from the processing of personal data The User has over Guided and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:

• Right of access: This is the User's right to obtain confirmation of whether or not Guided is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Guided has carried out or will carry out, as well as, among other things, the information available on the origin of such data and the recipients of the communications made or planned for such data.

• Right of rectification: This is the User's right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, amended.

• Right of erasure ("the right to be forgotten"): This is the User's right, provided that the legislation in force does not provide otherwise, to obtain the erasure of his or her personal data when it is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn consent to the processing and the processing has no other legal basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data has been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, must take reasonable steps to inform the controllers that are processing the personal data of the data subject's request for the deletion of any link to such personal data.

• Right to limitation of processing: This is the User's right to limit the processing of his or her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.

• Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Data Controller shall transmit the data directly to such other controller.

• Right to object: This is the User's right not to have his or her personal data processed or to have the processing of such data by Guided cease.

• Right not to be subject to a decision based solely on automated processing, including profiling: This is the right of the User not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided by law.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-www.guided.rocks", specifying: - Name, surname of the User and copy of ID card. In cases where the representation is admitted, it will also be necessary the identification by the same means of the person representing the User, as well as the document proving the representation. The photocopy of the DNI may be replaced by any other means valid in law that proves the identity.
• Request with the specific reasons for the request or information to be accessed.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that accredits the request being made.
This request and any other attached documents may be sent to the following address and/or e-mail address: Postal address:

Calle Cervantes, 20
(46450) Benifaio, Valencia, Spain
Valencian Community, Spain
E-mail: info@guided.rocks
Links to third party websites

The Website may include hyperlinks or links that allow access to third party websites other than Guided, and therefore are not operated by Guided. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims before the supervisory authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy
It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website implies acceptance of the Privacy Policy of the same. Guided reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will be explicitly notified to the User. This Privacy Policy was updated on December 1, 2020 to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPD).

V. COOKIE POLICY


Access to this Web Site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User -in the different devices that can be used to navigate- so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, more user-friendly, and do not damage the browsing device. Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Web Site in order to recognize him as a User, and personalize his experience and use of the Web Site, and can also, for example, help identify and resolve errors. 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 just before and just after the Website. However, no cookie allows this cookie to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be part of the Cookie file is for the User to personally give that information to the server. Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, for the use of these cookies, the consent of the User will be necessary. This consent will be communicated, based on a genuine choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented. Own Cookies These are cookies that are sent to the User's computer or device and managed exclusively by Guided for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognize the User as a repeat visitor to the Website and to tailor the content to offer content that matches the User's preferences. The entity(ies) in charge of the provision of cookies may transfer this information to third parties, provided that it is required by law or that a third party processes this information for such entities. Social media cookies Guided incorporates social media plugins, which allow access to social media from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection policies and cookies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where you can consult these privacy policies and / or cookies are indicated below:

Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/es/privacy
Instagram: https://help.instagram.com/1896641480634370?ref=ig
Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx
Google+: https://policies.google.com/technologies/cookies?hl=es
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies
Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies - in whole or in part - installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies - in whole or in part - you may continue to use the Website, although the use of some of its features may be limited.

Changes in the Cookies Policy It is possible that the Cookies Policy of the Website may change or be updated, therefore it is recommended that the User reviews this policy each time he/she accesses the Website in order to be properly informed about how and why we use cookies.

VI. LINKS POLICY


It is reported that the Guided Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites owned and / or managed by third parties. The installation of these links, directories and search engines on the Website is intended to facilitate the Users' search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them. Guided does not offer or market by itself or through third parties the products and / or services available on such linked sites.

Likewise, Guided does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which can be accessed through the links. Guided does not under any circumstances review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on such linked sites.

Guided assumes no liability for any damages that may arise from the access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Guided and which are linked to this Web Site. The User or third party who makes a hyperlink from a web page of another, different, website to the Guided Website should be aware that: No reproduction - in whole or in part - of any of the Content and/or Services on the Website is permitted without the express permission of Guided. No false, inaccurate or incorrect representation about the Guided Web Site, or the Content and/or Services of the Guided Web Site is permitted. Except for the hyperlink, the website on which the hyperlink is established shall not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Guided.

The establishment of the hyperlink does not imply the existence of relations between Guided and the owner of the website from which it is made, nor the knowledge and acceptance of Guided of the content, services and / or activities offered on that website, and vice versa.

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY


Guided by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain. All rights reserved. Under the provisions of the Intellectual Property Law, are expressly prohibited the reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Guided. The User agrees to respect the intellectual and industrial property rights of Guided. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or any other physical medium provided it is solely for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website. In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, you must immediately notify Guided through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTION, APPLICABLE LAW AND JURISDICTION


Guided reserves the right to bring civil or criminal actions it deems necessary for the misuse of the Website and Content, or for breach of these Conditions. The relationship between the User and Guided shall be governed by the regulations in force and applicable in the Spanish territory. If any dispute arises in relation to the interpretation and / or application of these Conditions the parties shall submit their disputes to the ordinary jurisdiction submitting to the judges and courts that correspond according to law.