LEGAL NOTICE AND GENERAL CONDITIONS OF USE

Marcegger.com is the website of the swiss artist Marc Egger

 


I. GENERAL INFORMATION


Responsible for the website marcegger.com (hereinafter the website) is:

Cora Egger
Sant Pere Mes Alt 59 BIS,3,1
08003 Barcelona
tel: (+34) 659 859 820
mail: cora@el-atelier.org


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, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and in the navigation tree (hereinafter, Contents) and all those services or online resources that may be offered to Users (hereinafter, Services).

Marcegger.com reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Marcegger.com can interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.

Apart from the cost of connection through the telecommunications network provided by the access provider, and which the User has contracted, some of the content or services offered by Marcegger.com or, where appropriate, third parties through the Website may be subject to the prior contracting of the Content or Service, in which case it will be clearly specified and/or made available to the User the corresponding General or Particular Conditions will be made available to the User for which this is governed.
The use of the Contents or Services of the Website, or parts of it, may be done through subscription or previous registration of the User.


The User

The access, navigation and use of the Website, as well as the spaces set up to interact between the Users and the User and Marcegger.com, such as the comments and/or blogging spaces, confers the condition of User, for which reason they accept, from when the navigation of the Website begins, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations according to the case. Given the relevance of the foregoing, the User is recommended to read them each time he/she visits the Website.

The Website Marcegger.com provides a wide range of information, services and data. The User assumes responsibility for the proper use of the Website. This responsibility shall extend to:

  • A use of the information, Contents and/or Services and data offered by Marcegger.com 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 functioning of the Website.

  • The veracity and legality of the information provided by the User in the forms issued by Marcegger.com for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Marcegger.com about any event that allows the misuse of the information recorded in such forms, such as, but not only, theft, loss, or unauthorized access to identifiers. and/or passwords, in order to proceed with their immediate cancellation.

Marcegger.com reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten the youth or the childhood, order or public safety or that, in his judgment, are not suitable for publication.

In any case, Marcegger.com shall not be held responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may exist.

The mere access to this Website does not imply any kind of commercial relationship between Marcegger.com and the User.

Always in compliance with the existing legislation, this Website of Marcegger.com is addressed to all people, regardless of their age, who can access and/or browse the pages of the Website.

 

III. ACCESS AND BROWSING OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Marcegger.com does not guarantee the availability, continuity and usefulness of the Website, nor the Contents or Services. Marcegger.com will do everything possible for the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

Neither is responsible or guarantees that the content or software that can be accessed through this Website, is free of error or cause damage to the computer system (software and hardware) of the User. In no case will Marcegger.com be liable for losses, damages or losses 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.

Marcegger.com is not responsible for any damages that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that may occur.

 

IV. LINKS POLICY

It is informed that the Website of Marcegger.com makes or can make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access belonging websites and / or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access the information available on the Internet, without considering a suggestion, recommendation or invitation to visit them.

Marcegger.com does not offer or market itself or through third parties the products and / or services available on such linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Marcegger.com will in no case review or control the content of other websites, nor does it approve, examine or own the products and services, contents, files and any other material existing in the aforementioned linked sites.

Marcegger.com does not assume any responsibility for the damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by Marcegger.com and that are linked in this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Website of Marcegger.com should know that:

The reproduction – totally or partially – of any of the Content and/or Services of the Website is not allowed without express authorisation of Marcegger.com.

Neither false, inaccurate or incorrect manifestation is allowed on the Marcegger.com Website, nor on the Content and/or Services thereof.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any elements of this Website, protected as intellectual property by the legal system, unless expressly authorised by Marcegger.com.

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

 

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Marcegger.com by itself or as a transferee, is the owner of all the 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 texts, trademarks or logos, combinations of colours, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.). They will be, therefore, works protected as intellectual property by the legal system, being applicable European regulations in this field, as well as international treaties relating to the subject.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the way it is made available, of all or part of the contents of this web page, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorisation of Marcegger.com.

The User agrees to respect the intellectual and industrial property rights of Marcegger.com. You can view the elements of the Website or even print them, copy them and store them on your computer's hard drive or any other physical medium, provided that it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Website's Contents constitutes a violation of the rights of protection of intellectual property, it must immediately



VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Marcegger.com reserves the right to present civil or criminal actions deemed necessary for the improper use of the Website and Content, or for the breach of these Conditions.

The relationship between the User and Marcegger.com shall be governed by the regulations in force. If any dispute arises in relation to the interpretation and / or application of these Conditions, the parties submit their disputes to the ordinary jurisdiction submitting to the judges and courts that correspond according to law.

This document of Legal Notice and General Conditions of use of the Website has been created using the legal text generator on 24/10/2019.

 

 

PRIVACY POLICY OF THE WEBSITE

marcegger.com

 

I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Marcegger.com 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 incorporate this privacy policy

This privacy policy is adapted to current European regulations regarding the protection of personal data on the Internet. Specifically, it respects the following standards:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR).

 

Identity of the person responsible for the processing of personal data

The person in charge of the treatment of the personal data collected in Marcegger.com (herein referred to as Data Controller).  is:
Cora Egger
Sant Pere Mes Alt 59 BIS,3,1
08003 Barcelona
tel: (+34) 659 859 820
mail: cora@el-atelier.org


Registration of Personal Data

The personal data collected by Marcegger.com, through the forms extended on its pages, will be entered in an automated file under the responsibility of the Data Controller. This is done to facilitate, expedite and fulfil the commitments established between Marcegger.com and the User or the maintenance of the relationship that is established in the forms that it completes, or to attend a request or consultation of the same.

 

Principles applicable to the processing of personal data

The processing of the User’s personal data will be subject to the following principles set forth in Article 5 of the GDPR:

  • Principle of legality, loyalty and transparency: the consent of the User will be required at all times prior completely transparent information of the purposes for which personal data is collected.
  • Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.
  • Principle of data minimisation: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: personal data must be accurate and always updated.
  • Principle of limitation of the term of conservation: the personal data will only be maintained in a way that allows the identification of the User for the time necessary for the purposes of their treatment.
  • Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
  • Principle of proactive responsibility: The person responsible for the treatment will be responsible for ensuring that the above principles are met.

 

Categories of personal data

The categories of data that are treated in Marcegger.com are only identifying data. In no case, special categories of personal data is treated within the meaning of Article 9 of the GDPR.

The categories of data that are treated in Marcegger.com is only identifying data. In no case, special categories of personal data is treated within the meaning of Article 9 of the GDPR.

Special categories of personal data is defined as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, and the processing of genetic data, biometric data intended to solely identify a human being, health-related data or data concerning a person’s sexual life or sexual orientation.

For the processing of special categories of personal data, the explicit consent of the User for one or more specific purposes will be necessary in any case.

 

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Marcegger.com undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

In the occasions in which the User must or can provide his data through forms to make inquiries, request information or for reasons related to the content of the Website, he will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.

 

Purposes of the treatment to which the personal data is destined

The personal data is collected and managed by Marcegger.com 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 fill out or to meet a request or inquiry.

Likewise, the data may be used for a commercial, personalization and operational purpose, and activities of the corporate purpose of Marcegger.com, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as improve the quality, operation and navigation of the Website.

When the personal data is obtained, the User will be informed about the specific purpose or purposes of the treatment to which the personal data will be used; that is, the use or uses that will be given to the information collected.

 

Periods of retention of personal data

The personal data will only be retained for the minimum time necessary for the purposes of its treatment and, in any case, only during the following period: 2-YEARS, or until the User requests its deletion.

When the personal data is obtained, the User will be informed about the period during which the personal data will be kept or, when that 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:

  • HOSTING:
    Mittwald CM Service GmbH & Co. KG
    Königsberger Straße 4-6
    32339 Espelkamp
    Germany
    Telefon: +49-5772-293-100
    Telefax: +49-5772-293-333
    HRA: 6640, AG Bad Oeynhausen
    VAT ID no: DE814773217
    General partner: Robert Meyer Verwaltungs GmbH, AG Bad Oeynhausen HRB 13260
    represented by the managing directors: Robert Meyer, Florian Jürgens

If the Data Controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the personal data is collected of the third country or international organisation to which the data is intended to be transferred and of the existence or absence of an adequacy decision by the Commission.

 

Personal data of minors

Respecting the provisions of articles 8 of the GDPR, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by Marcegger.com. If it is a child under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have been authorised.

 

Secrecy and security of personal data

Marcegger.com 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 guarantee the security of personal data and prevent accidental destruction, loss or alteration or unlawful personal data transmitted, preserved or otherwise processed, or unauthorised 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 data is transmitted between the server and the User, and in feedback, fully encrypted or encrypted.

However, because Marcegger.com cannot guarantee the impregnability of the internet or the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to communicate to the User without undue delay when a violation of the security of personal data that is likely to pose a high risk to the rights and freedoms of natural persons. Following the provisions of article 4 of the GDPR, it is understood as a violation of the security of personal data any breach of security that causes the accidental, unlawful or unlawful destruction, loss or alteration of personal data transmitted, kept or otherwise treated, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by his employees, associates, and any person to whom the information.

 

Rights derived from the processing of personal data

The User has rights derived from the processing of personal data by Marcegger.com and may, therefore, exercise the following rights recognized in the GDPR before the Data Controller:

  • Right of access: It is the right of the User to obtain confirmation of whether Marcegger.com is treating their personal data or not and, if so, to obtain information about their specific personal data and the treatment that Marcegger.com has performed or performed, as well as, among other things, the information available on the origin of said data and the recipients of the communications made or planned for them.

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

  • Right of deletion (“the right to be forgotten”): It is the right of the User, provided that the current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected or treated; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; personal data has been treated illegally; personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a child under 14 years old. In addition to deleting the data, the Data Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible for processing the personal data of the interested party’s request to delete any link to that personal data.

  • Right to limit the processing: It is the right of the User to limit the processing of their personal data. The User has the right to obtain the limitation of the processing when he challenges the accuracy of his personal data; the treatment is illegal; the Data Controller no longer needs personal data, but the User needs it to make claims; and when the User has opposed the treatment.

  • Right to data portability: In the event that the processing is carried out by automated means, the User will have the right to receive personal data from the Data Controller in a structured format, for common use and mechanical reading, and to transmit them to another responsible of treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other person in charge.

  • Right of opposition: It is the right of the User not to carry out the processing of their personal data or to cease the processing of them by Marcegger.com.

  • Right not to be the subject of a decision based solely on automated processing, including profiling: It is the right of the User not to be subject to an individualised decision based solely on the automated processing of their personal data, including profiling, existing unless the current legislation establishes otherwise.

Thus, the User may exercise their rights through written communication addressed to the Data Controller with the reference “RGPD-LOM-INTERATIONAL.ORG”, specifying:

  • Name, surname of the User and copy of the ID. In cases where the representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document proving the representation. The photocopy of the DNI may be substituted, by any other means valid in law that proves the identity.
  • Request with the specific reasons for the request or information that you want to access.
  • Address for the purpose of notifications.
  • Date and signature of the applicant.
  • Any document that accredits the request you make.

This application and any other attached document may be sent to the following address and/or email:
Cora Egger
Sant Pere Mes Alt 59 BIS,3,1
08003 Barcelona
tel: (+34) 659 859 820
mail: cora@el-atelier.org


Links to third party websites


The Website may include hyperlinks or links that allow access to websites of third parties other than Marcegger.com, and therefore are not operated by Marcegger.com. The owners of these 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 violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a supervisory authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement.


II. Acceptance and changes in this privacy policy

It is necessary that the User has read and is in accordance with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he accepts the processing of his personal data so that the Responsible for the processing can proceed to it in the form, during the deadlines and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Marcegger.com reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Agency for Data Protection. Changes or updates to this Privacy Policy will be explicitly notified to the User. It is recommended that the User check this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to treatment of personal data and the free circulation of this data (GDPR).

This document of Privacy Policy of the Website has been created using the legal text generator on 24/10/2019.

 

 

COOKIES POLICY

Marcegger.com

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, make it more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during his visit to the Website in order to recognize him as a User, and to personalize his experience and use of the Website, and may also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on the Website and the sites visited just before and after it. However, no cookie allows the cookie to be contacted with the User’s phone 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 that the User’s private information is part of the Cookie file is for the user to personally give that information to the server.

The cookies that allow to identify a person are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User’s consent will be necessary to use them. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.

Own cookies

These are cookies that are sent to the User’s computer or device and managed exclusively by Marcegger.com for the best performance of the Website. The information we collect is used to improve the quality of our Website, its Content and your experience as a user. These cookies allow us to recognise the User as a recurring Website visitor and adapt the content to offer you content that suits your preferences.

Only technically absolutely necessary cookies are set in the case of a login.
If you don't log in, no cookies are set at all.

Third party cookies

These are cookies used and managed by external entities that provide Marcegger.com with services requested by it 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 analyse navigation information, i.e. how the User interacts with the Website.

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

At the moment Marcegger.com does not use this type of cookies


Social network cookies

At the moment Marcegger.com does not use this type of cookies