LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE WWW.LUCASMAES.COM

I. GENERAL INFORMATION

In compliance with the duty of information set forth in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information about this website is provided below:

The ownership of this website, www.lucasmaes.com, (hereinafter Website) is held by: LUC ROYAL S.L, provided with NIF: B76825280 and registered in: Registro Mercantil de Santa Cruz de Tenerife, whose representative is: Luc Maes, and whose contact details are:

Address:

Calle De La Verdad 18, Puerto De la Cruz, Tenerife, 38400, Contact telephone: 922382201 Contact email: data@lucasmaes.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate the access and use of the Website. For the purposes of these Conditions shall be understood as Website: the external appearance of the screen interfaces, both statically and dynamically, ie the navigation tree; and all the elements integrated into both the screen interfaces and the navigation tree (hereinafter, Content) and all those services or online resources that may be offered to Users (hereinafter, Services).

Lucas Maes Restaurants reserves the right to modify, at any time and without notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and agrees that at any time Lucas Maes Restaurants may discontinue, disable 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 by 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, since 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 regulations 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 Web Site.

The Website of Lucas Maes Restaurants provides a wide range of information, services and data. The user assumes responsibility for making proper use of the Web Site. This responsibility will extend to:

- A use of the information, Content and / or Services and data offered by Lucas Maes Restaurants without being contrary to the provisions of these Conditions, the Law, morality or public order, or 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 Lucas Maes Restaurants for access to certain content or services offered by the Website. In any case, the User shall immediately notify Lucas Maes Restaurants about any event that allows the misuse of the information recorded on these 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.

Mere access to this Web Site does not imply any kind of business relationship between Lucas Maes Restaurants and the User.

Always in compliance with current legislation, this Web Site Lucas Maes Restaurants is aimed at all persons, regardless of age, who can access and / or browse the pages of the Web Site.

The Web Site is aimed primarily at users residing in Spain. Lucas Maes Restaurants does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the user resides or is domiciled elsewhere and decides to access and / or browse the Web Site will do so at your own risk, you must ensure that such access and navigation complies with local legislation that is applicable, not assuming Lucas Maes Restaurants any liability that may arise from such access.

II. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

Lucas Maes Restaurants does not guarantee the continuity, availability and usefulness of the Website, or the Content or Services. Lucas Maes Restaurants will do everything possible for the proper functioning of the Website, however, is not responsible or guarantee that access to this Website will not be uninterrupted or error free.

Nor is responsible or guarantee that the content or software that can be accessed through this Web Site, is free of error or cause damage to the computer system (software and hardware) of the user. In any case Lucas Maes Restaurants will not be liable for any loss or damage of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Lucas Maes Restaurants is not responsible for any damages that may be caused to users by improper use of this Web Site. In particular, is not responsible in any way for the falls, interruptions, failure or defect of telecommunications that may occur.

IV. PRIVACY POLICY AND DATA PROTECTION

Lucas Maes Restaurants Maes undertakes to adopt 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 regulations 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 Regulations for the development of 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 Lucas Maes Restaurants is: LUC ROYAL S.L, provided with NIF: B76825280 and registered in: Registro Mercantil de Santa Cruz de Tenerife, whose representative is: Luc Maes (hereinafter also Responsible for the treatment). Its contact details are as follows:

Address:

Calle De La Verdad 18, Puerto De la Cruz, Tenerife, 38400, Contact telephone: 922382201, Contact email: data@lucasmaes.com

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 Lucas Maes Restaurantes through the forms on its pages will be incorporated and will be treated in our files in order to facilitate, expedite and fulfill the commitments established between Lucas Maes Restaurantes and the User or the maintenance of the relationship established in the forms that this fill, or to respond to a request or query from the same. Also, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided in Article 30.5 of the RGPD applies, a record of processing activities that specifies, according to their purposes, the processing activities carried out and other circumstances established in the RGPD is maintained.

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 of their processing.

- 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 Lucas Maes Restaurantes 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. Lucas Maes Restaurantes 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 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.

Purposes of the processing for which the personal data is used

Personal data are collected and managed by Lucas Maes Restaurants in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills or to respond to a request or inquiry.

Likewise, the data may be used for a commercial purpose of personalization, operational and statistical, and activities of the corporate purpose of Lucas Maes Restaurants, as well as for the extraction, storage of data and marketing studies to adapt the content offered to the user, and improve the quality, performance and navigation through the Web Site.

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 that will be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 1 year, or until the User requests their 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 personal data

The User's personal data will be shared with the following recipients or categories of recipients:

Google Analytics

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 may give their consent to the processing of their personal data in a lawful manner by Lucas Maes Restaurantes. In the case of a minor under 14 years of age, the consent of parents or guardians will be required for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Lucas Maes Restaurantes 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 Website 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 feedback, is fully encrypted or encrypted.

However, because Lucas Maes Restaurantes can not guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the controller undertakes to notify the User without undue delay when a breach of security of personal data 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 Lucas Maes Restaurants and may, therefore, exercise against the controller the following rights recognized in the RGPD:

- Right of access: it is the right of the User to obtain confirmation of whether or not Lucas Maes Restaurantes is treating their personal data and, if so, obtain information about their specific personal data and the treatment that Lucas Maes Restaurantes has made or makes, as well as, among others, the information available on the origin of such data and the recipients of communications made or planned communications thereof.

- Right of rectification: It is the right of the User to have their personal data that prove to be inaccurate or, taking into account the purposes of the treatment, incomplete, modified.

- Right of deletion ("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 such data 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 unlawfully processed; 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 controllers who 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, machine-readable format and to transmit it to another controller. Whenever technically feasible, the controller shall transmit the data directly to that other controller.

- Right to object: It is the right of the User not to carry out the processing of their personal data or cease the processing of these by Lucas Maes Restaurants.

- Right not to be subject to a decision based solely on automated processing, including profiling: It is the right of the user not to be subject to an individualized decision based solely on the automated processing of personal data, including profiling, existing 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.lucasmaes.com", 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 De La Verdad 18, Puerto De la Cruz, Tenerife, 38400, Email: data@lucasmaes.com

Complaints to 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 are 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 where 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.

Lucas Maes Restaurantes 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 February 3, 2021 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 December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (LOPD).

V. COOKIE POLICY

Access to this Website 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.

The information collected through cookies may include the date and time of visits to the Web Site, the pages viewed, the time spent on the Web Site, and the sites visited just before and just after the Web Site. 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, on the basis of a genuine choice, offered by an affirmative and positive decision, before the initial processing, removable and documented.

Own Cookies

Are those cookies that are sent to the User's computer or device and managed exclusively by Lucas Maes Restaurants 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 allow us to recognize the user as a repeat visitor to the Website and adapt the content to offer content that suits your preferences.

Third-party cookies

These cookies are used and managed by external entities that provide Lucas Maes Restaurants services requested by the same to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and analyze navigation information, i.e., how the user interacts with the Web Site.

The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users accessing, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Web Site, and to detect new needs in order to offer the Users a Content and/or service of optimum quality. In any case, the information is collected anonymously and Web Site trend reports are prepared without identifying individual users.

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):

________

The entity(ies) in charge of the provision of cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Cookies of social networks

Lucas Maes Restaurants incorporates social networking plugins, which allow access to them from the Website. For this reason, social networking 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=m...
Google+: https://policies.google.com/technologies/cookies?h...
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=h...

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 to the Cookie 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

The User or third party that makes a hyperlink from a web page of another, different, website to the Website of Lucas Maes Restaurants should know that:

The reproduction - in whole or in part - of any of the Contents and/or Services of the Website is not permitted without the express authorization of Lucas Maes Restaurantes.

No false, inaccurate or incorrect statement about the Web Site Lucas Maes Restaurantes, or the Content and / or Services of this is allowed.

Except for the hyperlink, the website in which the hyperlink is established shall not contain any element of this Web Site, protected as intellectual property by the Spanish legal system, unless expressly authorized by Lucas Maes Restaurantes.

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



VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Lucas Maes Restaurantes 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 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 Lucas Maes Restaurantes.

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 Lucas Maes Restaurants through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Lucas Maes Restaurantes reserves the right to bring any civil or criminal actions it deems necessary for improper use of the Website and Content, or for breach of these Conditions.

The relationship between the User and Lucas Maes Restaurantes will be governed by the regulations in force and applicable in Spanish territory. If any dispute arises in connection with 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 apply according to law.

© All Rights Reserved.
LUC ROYAL SL / B-76825280
lucas@lucasmaes.com