Legal and privacy notice

Legal information

“ESCUELA DE IDIOMAS NERJA, S.L.”, assigned Spanish business tax identification no. B-29781467, is a private, for-profit entity with a registered address at calle de Almirante Ferrandiz nº73, 29780 Nerja (Spain), and registered with the Trade Register of Malaga.

The sections comprising this legal and privacy notices regulated the use of all services and content “ESCUELA DE IDIOMAS NERJA,S.L.” makes available to users through its Internet domain and various portals as well as the content located on its many sub-domains (hereinafter, idnerja.com).

This legal and privacy notices was drafted in accordance with the provisions of Spanish Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE); Spanish Organic Law 15/1999, on Personal Data Protection; Spanish Royal Decree 1720/2007, which approves the Implementing Regulations of the Spanish Organic Law on Data Protection; Spanish Law 7/1998 on General Contracting Terms; Spanish Royal Decree 1906/1999 which regulates telephone or electronic contracting with general implementing terms in article 5.3 of Spanish Law 7/1998; Spanish Royal Legislative Decree 1/2007 of 16 November, which approves the Modified Text of the General Law on Consumer and User Defence, and any other legal provisions that may apply.

The ownership of idnerja.com is protected without any limitation whatsoever by the intellectual and industrial property laws of the Kingdom of Spain and by any international treaties and conventions that may apply.

General terms

  1. ACCEPTANCE

By simply accessing idnerja.com, the user expresses full acceptance without any reservations of the terms of this legal notice, which may be modified by “ESCUELA DE IDIOMAS NERJA, S.L.” at any time. As a result, the user must carefully read this notice each time our portals are used.

The use of certain services offered to users through idnerja.com may be regulated by special terms which, as applicable, replace, complete or modify this legal notice.  Therefore, users must read and agree to any when aiming to receive these services. Moreover, certain services offered by third-party collaborators of “ESCUELA DE IDIOMAS NERJA,S.L.” to idnerja.com users may contain their own terms; the user must carefully read the corresponding terms in such case as well prior to using said services provided by third-party collaborators of “ESCUELA DE IDIOMAS NERJA,S.L.”.

  1. CONDITIONS OF ACCESS AND USE

The services offered by “ESCUELA DE IDIOMAS NERJA, S.L.” at idnerja.com are, theoretically and unless otherwise indicated, free of charge.

Access to the services provided via idnerja.com does not generally require prior subscription or user registration without prejudice to being requested to first complete the corresponding user registration before accessing certain services.

The username and password provided, as applicable, by “ESCUELA DE IDIOMAS NERJA, S.L.” to a user are identifying elements that enable access to its services; they are personal and may not be transferred. “ESCUELA DE IDIOMAS NERJA, S.L.” may make changes to a username or password upon adequate notice.

The user hereby undertakes to use the content and services available via idnerja.com in accordance with this legal notice or any special terms of the services included as well as in accordance with the law, moral conventions, custom and public order.
Any user who intends to establish a hyperlink between their website and any page of idnerja.com must meet the following conditions:

  • it may not cause confusion among other potential users with respect to the origin and ownership of each one of the websites meaning the hyperlink shall not saturate “ESCUELA DE IDIOMAS NERJA, S.L.” webpages or any of the content and will not create a frame on them;
  • the website where the hyperlink is established shall not contain any false, inaccurate or illegal information or content that is contrary to the law, moral conventions, generally accepted customs or public order nor may it contain content that is contrary to third-party rights;
  • the establishment of the hyperlink shall under no circumstance imply the existence of relations between “ESCUELA DE IDIOMAS NERJA, S.L.” and the owner of the website where it is established nor acceptance or approval by “ESCUELA DE IDIOMAS NERJA, S.L.” of the content or services meaning there must not be any type of statement or understanding that “ESCUELA DE IDIOMAS NERJA, S.L.” has authorised the hyperlink or supervised or assumed the services made available by the website where the hyperlink is established.

Thus, “ESCUELA DE IDIOMAS NERJA, S.L.” hereby expressly authorises the establishment of hypertext links (hyperlinks) on other websites directed to any of the pages of idnerja.com as long as they appear in a complete window and under the corresponding electronic addresses [URL]. The rights not expressly granted are reserved for “ESCUELA DE IDIOMAS NERJA, S.L.” or, as applicable, third parties who hold such rights.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY AND OTHER SIMILAR RIGHTS

All of the content and elements that may be accessed by users via idnerja.com —including but not limited to: trademarks and distinctive signs; elements in the format of code, text, images or sound or audio-visual files of any kind, or in the form of computer or multimedia applications expressed in any code or language , etc.— are subject to intellectual and/or industrial property rights or similar economic rights held by “ESCUELA DE IDIOMAS NERJA,S.L.” or the third parties indicated in each case.

Under no circumstance shall it be understood that the fact users are allowed access to idnerja.com means any full or partial waiver, transmission, licence or assignment of said rights by “ESCUELA DE IDIOMAS NERJA, S.L.”.

Access to said content or elements via idnerja.com does not, therefore, grant users any right to them and they may not be altered, modified, reproduced, distributed or publically disclosed nor may any other right corresponding to the holder of the right affected be exercised. Thus, the user shall only have the right to view and make copies, when permitted, of the content for their exclusive, personal use; such rights must be exercised pursuant to the principles of good faith and in accordance with all applicable laws.

Any violation of these limitations of use or any intellectual and/or industrial rights or similar rights or of the laws in effect may be pursued by “ESCUELA DE IDIOMAS NERJA, S.L.” through the exercise of any legal actions that may correspond.

Also pursued will be any violation of the intellectual property rights corresponding to any contributions created at the initiative or by coordination of “ESCUELA DE IDIOMAS NERJA, S.L.”, the holder of the rights deriving from such contributions.

  1. EXCLUSION OF GUARANTEES AND LIABILITY

4.1. For functioning

“ESCUELA DE IDIOMAS NERJA, S.L.” does not guarantee the availability and functional continuity of idnerja.com, its services or content, meaning it will under no circumstance be held liable for any damages or harm of any kind that may be due to a lack of availability or continuity or failures to access the various webpages from which any service is provided.

4.2. For the content and services

The content included on “ESCUELA DE IDIOMAS NERJA,S.L.” portals and blogs as well as on all of its other Internet spaces in the various social media platforms are provided in good faith by “ESCUELA DE IDIOMAS NERJA,S.L.” with information from internal and external sources. Given this circumstance and the large quantity of information made available to users on the various Internet spaces, “ESCUELA DE IDIOMAS NERJA, S.L.” cannot guarantee complete reliability, accuracy and updating, despite using its best efforts to do so. Likewise, it can also not guarantee the absolute absence of viruses or other damaging components on its webpages or the servers hosting them in spite of carefully applying the best existing prevention measures.

On the other hand and under the scope of article 16 of LSSICE, “ESCUELA DE IDIOMAS NERJA, S.L.” will not be liable under any circumstance either directly or indirectly for any content, information, communication, opinion or statement of any type that is communicated, disseminated, transmitted or exhibited via its Internet spaces (portals, blogs, pages in social media platforms, etc.) which come from external sources. Moreover, the following basic rules are hereby established for the publication of content from external sources on “ESCUELA DE IDIOMAS NERJA, S.L.” Internet participatory spaces:

  1. No text of any kind will be admitted if it includes insults, slander, threats, humiliation towards any person or institution or any obscene, racist or xenophobic expressions.
  2. Content promoting illegal activities or which incite violence will not be permitted.
  3. Comments and content from external sources will not be admitted if they directly or indirectly advertise or promote a product or brand. This is without prejudice to the provisions of “ESCUELA DE IDIOMAS NERJA, S.L.” sponsorship programmes with respect to sponsors.
  4. No messages, comments or contributions will be admitted when they aim to interrupt or distort the conversation.
  5. All messages that are reiterated or repetitive or which include repetitions or reiterations of characters will be considered disturbing and will be deleted as will any content sent by computer robots with an aim to “create noise” or which may be considered “spam”.

idnerja.com pone makes a number of links available to users so they may access websites that are pertinent or managed by third parties of which “ESCUELA DE IDIOMAS NERJA, S.L.” is not the owner nor has any type of relationship. As a result, “ESCUELA DE IDIOMAS NERJA, S.L.” will not be liable for controlling or monitoring the content thereof nor assumes any direct or indirect liability to said websites, their content or their services.

4.3. For the use made by users of the portal

“ESCUELA DE IDIOMAS NERJA, S.L.” cannot control the use of its portals, services and content by users and, therefore, will not be liable for any damage or harm of any type that may be due to the use of them by users. For these purposes, the user solely and exclusively assumes all legal, judicial and economic liability for the use of the portal. This means that if the use of any product, service, content or tool provided via idnerja.com were to cause any damage to any third party, the user hereby expressly releases INSTITUTO CERVANTES of any liability that may be alleged.

Users are solely and exclusively liable for their usernames and passwords giving access to idnerja.com. “ESCUELA DE IDIOMAS NERJA, S.L.” is not liable for any improper use of such login codes or any consequences of any type deriving from improper use, loss or forgetfulness by users or unauthorised third parties.

  1. DATA PROTECTION

Pursuant to Spanish Organic Law 15/1999 on Personal Data Protection (hereinafter, LOPD), as well as the Implementing Regulations thereof, approved by Spanish Royal Decree 1720/2007, of 21 December (hereinafter, RLOPD), “ESCUELA DE IDIOMAS NERJA, S.L.” hereby informs users of its data protection policy so they may freely and willingly decide whether to provide personal data which may be required to subscribe or register for some of the services offered at idnerja.com or its sub-domains. Except the fields indicated otherwise, responding to personal data requests is voluntary.

“ESCUELA DE IDIOMAS NERJA, S.L.” hereby reserves the right to modify this policy to adapt it to any legal or jurisprudential update or requirement as well as industry practices, taking into account the legitimate interests of the consumer or user at all times. Some services provided at idnerja.com may be associated with special terms with specific provisions regarding personal data protection.

5.1. Confidential automatic process of users’ personal data

The personal data collected via “ESCUELA DE IDIOMAS NERJA, S.L.” portals will be processed confidentially and pursuant to the provisions of the LOPD and RLOPD.

“ESCUELA DE IDIOMAS NERJA, S.L.” has adopted the legally required security levels to protect the personal data and has installed all technical resources and measures available to it to prevent the loss, improper use, alteration, unauthorised access and theft of the personal data provided pursuant to the provisions of the RLOPD. In spite of this, the user must be aware that Internet security measures are not unassailable. The personal data collected will be automatically processed and included in the corresponding automatic files —hosted on servers in Madrid (Spain)— held by and under the liability of “ESCUELA DE IDIOMAS NERJA,S.L.”, which have been duly registered with the Spanish General Data Protection Registry.

“ESCUELA DE IDIOMAS NERJA, S.L.” will provide users with the appropriate technical resources so they may access this personal data protection policy notice or any other relevant information and may grant consent for “ESCUELA DE IDIOMAS NERJA, S.L.” to automatically process user personal data. This user acceptance of their data being processed will always be revocable yet without retroactive effect.

5.2. Purpose of the collection and automatic processing of the personal data

The personal data requested is collected and processed automatically for the purposes of the management, administration, provision, expansion and improvement of the services offered by “ESCUELA DE IDIOMAS NERJA,S.L.” at all times; the quantitative and qualitative study of visits and the use of the services by users; sending commercial and other information related to the functions of “ESCUELA DE IDIOMAS NERJA,S.L.” and its collaborators via traditional and electronic means in accordance with the specific settings chosen by the user via the forms or registrations completed.

The user hereby guarantees they are of legal age or legally emancipated or, otherwise, have permission from their parents or guardians to access our pages as well as the veracity and authenticity of the information communicated via the various forms or user registration, and further undertakes to keep this information updated.

The user is not required to receive said information or survey forms if indicated via the means made available for such purpose by “ESCUELA DE IDIOMAS NERJA,S.L.” either on the form used to subscribe to the services offered or by means of written or direct communication through the procedure provided for with each communication sent.

If the user provides third-party data, “ESCUELA DE IDIOMAS NERJA,S.L.” will not be liable for compliance with the principles of information and consent meaning the user guarantees they have previously informed and obtained consent from the owner of said data to communicate their data.

“ESCUELA DE IDIOMAS NERJA,S.L.” may send communications referring to its own products or services or those of third-party collaborators which are similar to those initially authorised by the user without needing express permission or an express request. Notwithstanding, the user shall always have the means to oppose the receipt of these types of communications.

This user acceptance of their data possibly being assigned to third parties will always be revocable yet without retroactive effect. The user has the right to oppose the processing of any of their data not essential to entering into a particular contract, as applicable, or the specific activity involved as well as their use for any purpose other than the maintenance of the contractual relationship or the aforementioned activity.

Users have rights of access, rectification, cancellation and opposition to the processing, use and assignment of their data.  In order to exercise such rights, they must write a letter or email to:

ESCUELA DE IDIOMAS NERJA, S.L.
C/ Almirante Ferrándiz 73
29780 Nerja (Spain)
lopd@idnerja.com

The user hereby authorises the use of their personal data when required by competent administrative authorities or a court order.

Under no circumstance will “ESCUELA DE IDIOMAS NERJA, S.L.” use users’ personal data for purposes other than those mentioned above without prior notice and after giving a reasonable period of time for users to oppose such use.

5.3. Use of cookies and activity files

“ESCUELA DE IDIOMAS NERJA, S.L.” may use cookies when a user browses the sites and pages of idnerja.com. Cookies are files sent to a browser through a web server to record the user’s activities at the portal yet do not provide any type of personal data.

The user may configure their browser to receive notifications of the receipt of these cookies. Moreover, the user may prevent the installation of these types of files on their computer.  To do so, the browser instructions of use must be consulted.

  1. DURATION AND SUSPENSION OF THE SERVICES

The provision of the services and public availability of the content of idnerja.com will theoretically be indefinite. Nonetheless, “ESCUELA DE IDIOMAS NERJA, S.L.” is authorised to delete or terminate or suspend any of the services or content on its portals at any time. When reasonably possible, “ESCUELA DE IDIOMAS NERJA, S.L.” will give advance notice of the termination or suspension of the provision of its services.

“ESCUELA DE IDIOMAS NERJA,S.L.” may remove or suspend the provision of the services at any time and without prior notice for users that breach the provisions of this legal notice or any special terms related to a certain service.

  1. APPLICABLE LAW AND JURISDICTION

This legal and privacy notice is governed by Spanish law and is written in Spanish. For any dispute that may arise from the use of the services at idnerja.com or the interpretation or application of these provisions, “ESCUELA DE IDIOMAS NERJA, S.L.” and the user hereby expressly waive any other forum and submit to the courts and tribunals of the capital city of Malaga.