Legal Notice

  1. Ownership

“castillodesanmarcos.com” is an Internet domain owned by LUIS CABALLERO S.A., with VAT Code A11000692 and postal address at C/San Francisco 32, 11500 El Puerto de Santa María (Cádiz), registered in the Companies Register of the Province of Cádiz in sheet 1435, folio 77, volume 49 (hereinafter, “the Owner”).

Grupo Caballero is a corporate group with origin in El Puerto de Santa María whose core business is the production of wines and spirits.

  1. General Use Conditions 

This Website is designed to be used solely by persons who are legally of full age for purchasing alcohol in the country in which they reside or in the country from which they are accessing the Website. If the user is legally a minor, they would be breaching the laws or regulations applicable in their country of residence or in the country from which they are accessing the Website, and therefore they must leave it immediately. 

By accessing the Website, User declare that they accept this Legal Notice with all of its use conditions. In all cases, this Legal Notice has an obligatory and binding nature; any person who does not accept its conditions must abstain from using the Website and/or the services promoted through it by the Owner. These conditions do not create any agreement of partnership, mandate, franchise or employment relationship between the Owner and the Users. 

The present Legal Notice regulates the use of this Website, which the Owner places at the disposal of the persons who access it for the purpose of providing them with information on its own products and services and/or those of third-party collaborators and to offer them access to and contracting of such products and services.

  1. Applicable rules 

The present Legal Notice is subject to the provisions of Organic Act nº 3/2018 on Personal Data Protection and Guarantee of Digital Rights of 5 December 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 relating to the protection of natural persons with respect to the processing of personal data and the free circulation of these data and derogating Directive 95/46/EC (General Data Protection Regulation), Act nº 34/2002 of 11 July on Services of the Information Society and Electronic Commerce, Royal Decree-Law nº 13/2012 of 30 March transposing directives in matters of internal electricity and gas markets and electronic communications and adopting measures to correct deviations due to imbalances between the income and expenditure of the electricity and gas sectors, along with any subsequent regulation which may amend or develop them; and specifically Act nº 11/2010 of 17 December on Prevention of Consumption of Alcoholic Beverages by Minors and Act nº 25/1970, the Statute of Vineyards, Wine and Alcohols, and any Regulations which may amend or develop them.

Both the access to the Website property of the Owner and any use which may be made of the information and contents included in it will be the exclusive liability of the person doing so. The conditions of access to the Website will be subject to the current legislation and the principles of good faith and lawful use thereof by the User, any type of action which is harmful to the Owner being prohibited in general. The use of the Website for illegal or unauthorised purposes will be considered categorically prohibited.

  1. Modification of the use conditions

The Owner reserves the right to modify at any time the presentation and configuration of the Website and this Legal Notice. For this reason, The Owner recommends that Users read them carefully every time they access the Website. The Legal Notice will always be at their disposal in a freely accessible visible place for any consultations they may wish to make. 

  1. Description of the services

“castillodesanmarcos.com” is a Website property of the Owner which serves as an instrument of both information on and contracting of the services offered.

  1. Registration 

Requesting information in the contact form will require the User’s data but registration will not be necessary. 

  1. Termination

The Owner reserves the right to interrupt or cancel the Website or any of the services included in it, at any time and without prior notice, for technical reasons or of any other nature, and accordingly may unilaterally modify both the conditions of access and all or part of the contents included in it, all without prejudice to the acquired rights at that time. 

  1. Liabilities

The links contained in the Website may address the User to websites of third parties. The Owner accepts no liability for any contents, information or services which may appear in such websites, which will have an exclusively informative nature and will in no event imply any relationship whatsoever between the Owner and the proprietor persons or entities of such contents or the proprietors of the websites in which they are included. 

The Owner accepts no liability under any circumstances for any type of damage which may be caused by the Users to this Website or to any other by illegal or undue use hereof or of the contents and information accessible on or offered through it.

The Owner will not be liable for any infringements committed by users of its Website which affect third parties.

The Owner does not guarantee the reliability, availability or continuity of its Website or the Services, and therefore the User makes use of them on their own account and risk, and at no time may they claim liabilities in this respect from the Owner.

The Owner will not be liable under any circumstances in the event of interruptions of the services, delays, malfunctioning of the Website and, in general, any other inconveniences which may stem from causes beyond the Owner’s control and/or are due to negligent or culpable action by the User and/or have their origin in fortuitous events or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of force majeure will be understood also to include, and to the effects of this Legal Notice, all events which occur beyond the Owner’s control, such as defaults by third parties, operators or service providers, acts of Government, lack of access to third-party networks, actions or omissions of the Public Authorities, others caused as a consequence of natural phenomena, power supply cuts, etc., and attacks by hackers or specialised third persons on the security or integrity of the IT system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever their cause, the Owner will not assume any liability whatsoever for direct or indirect damages, consequential damages and/or loss of profit.

The Owner will attempt, as far as possible, to update and rectify any information hosted on its Website which fails to comply with the minimum guarantees of veracity. However, it announces that there may exist some type of unintentional error, the User being free to verify the contents. In this respect, the Owner has no obligation to control, and does not control, any contents transmitted, disseminated or placed at third parties’ disposal by the Users or collaborators, excepting cases in which this is required by the current legislation or when so required by a competent Judicial or Administrative Authority.

The Owner may not be held liable for the use of this Website by third parties or for any references which may exist on third-party websites. 

  1. Compensation

The Users will hold the Owner harmless from any third-party claim or action related with the activities promoted in the Website or from non-compliance with the Legal Notice and other policies which are understood to be incorporated into the present document, or from breaches of any laws or third-party rights.

  1. Nullity and ineffectiveness of Clauses

If any clause included in this Legal Notice or other legal and informative texts of the Website is declared totally or partially null and void or ineffective, such nullity or ineffectiveness will only affect such provision or the part thereof which is null and void or ineffective, the remaining conditions subsisting fully established in all other matters, such affected provision or part thereof being deemed not included.

  1. Notices

All notices, requirements, requests and other communications which may have to be made by the parties in relation with this Legal Notice or the rest of the legal and informative texts must be made in writing, and they will be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the other party’s address or by e-mail to its address, or to any other domicile or e-mail address which each party may indicate to the other to these effects.

  1. Intellectual and Industrial Property

The intellectual property rights of this Website, its source code, design, browsing structures and the various elements contained in it are the exclusive property of the Owner, who is entitled to the exercise of the exploitation rights thereof in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and Union European legislation.

The total or partial reproduction of the contents of this Website is totally prohibited without the Owner’s express written consent. Unauthorised use of these contents by any other person or company will give rise to the legally established responsibilities.

The Owner will market the products with the Registered Trademarks and with any distinctive commercial signs which their suppliers may indicate. The latter are the legitimate owners of the Registered Trademarks and of any promotional material they may make available for the promotion of the product, and they grant the Owner the necessary authorisation to use them without this being considered under any circumstances a transfer of their ownership, the supplier being the sole party liable for any claim brought by third parties in relation with the use of the Trademark, exempting the Owner from any liability over the intellectual property rights.

Any type of exploitation, including all types of reproduction, distribution, assignment to third parties, public communication and transformation by means of any type of support and medium of the aforesaid works, creations and distinctive signs without the prior express authorisation of their respective owners is prohibited. Breach of this prohibition may constitute an infringement punishable by law.

It is prohibited, except in cases expressly authorised by the Owner, to present this Website or the information contained in it under frames, brand names, trademarks or corporate or commercial names of another person, company or entity, expressly including the photographic content, which is considered the exclusive property of the Owner.

Infringement of any of the said rights may constitute a violation of these conditions and an offence punishable under Articles 270 and following of the Criminal Code.

The Owner accepts no liability for any use made by the User of the Services of the Website or for any material which the User may include in this Website which may infringe the intellectual or industrial property rights or any other rights of third parties.

  1. Jurisdiction

For any questions which may arise out of the interpretation, application and fulfilment of this Legal Notice, and for any claims which may arise out of its use, all the parties involved submit to the appropriate Judges and Courts according to their jurisdiction.

General Purchasing Conditions 

This website does not have direct online shopping, it redirects to an external website owned by SPAIN HERITAGE TOURS S.L., with tax code B-88196423, entered in the Companies Register of Madrid: Folio 1; Tome 38304 of the Companies Register 0; Section 8; Page M681512.

Cookies policy 

  1. Definition and functions of cookies.

A cookie is a file that is downloaded onto the user’s computer on accessing certain websites. Among other things, cookies allow websites to store and recover information relating to a user’s browsing habits and equipment, and depending on the information they contain and the way in which the equipment is used, they may be used to recognise the User.

  1. Typos of cookies which may be used by this Website.
  • Proprietary cookies: these are sent to the user’s terminal from a machine or domain managed by the Owner and from which the service requested by the user is supplied.
  • Third-party cookies: these are sent to the user’s terminal from a machine or domain not managed by the Owner but managed instead by another entity which processes the data obtained using the cookies.
  • Session cookies: these are a type of cookies designed to gather and store data while the User is accessing a website.
  • Persistent cookies: these are a type of cookies in which the data is stored in the terminal and can be accessed and processed during a specific period by the party responsible for the cookie, which may last from a few minutes to several years. 
  • Analysis cookies: cookies which are processed either by the Owner or by third parties and permit quantifying the number of users and thus carrying out the measurement and statistical analysis of the use made by the users of the service offered. To do this, their browsing is analysed for the purpose of improving the offer of products or services.
  1. Deactivation and elimination of cookies.

You may permit, block or eliminate the cookies installed in your equipment by means of the setup function of the options of the browser you have installed: in the event that it does not permit the installation of cookies in your browser, you may not be able to access some of the sections of the Website. You can find information on how to set up the cookies according to the browser you use in the following links (valid at the date of issue of this text):

For more information on how to block the use of cookies in Explorer 

http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9 

For more information on how to block the use of cookies in Chrome

http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647 

For more information on how to block the use of cookies in Firefox 

http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we 

For more information on how to block the use of cookies in Safari 

http://support.apple.com/kb/ph5042 

For more information on how to block the use of cookies in Android

http://support.google.com/android/?hl=es 

For more information on how to block the use of cookies in Windows Phone

http://www.windowsphone.com/es-ES/how-to/wp7/web/changing-privacy-and-other-browser-settings 

The Owner accepts no liability for the contents and veracity of the privacy policies of the third parties included in the links of this Legal Notice.

  1. Third-party service providers. 

Specifically, the third parties with which some necessary service for the use of cookies has been managed are:

Supplier’s name  Purpose of the cookie Description of the purpose of the cookie For more information on use of the website
Google Analytics  Web analytics Statistics on visits to the website http://www.google.es/intl/es/analytics/ 

 

The Owner declines any liability in regard to the contents and veracity of the information and privacy policies relating to third-party cookies.

The User can request more information on the use of cookies in this Website by means of the contact form or from protecciondatos@caballero.es

This policy was modified on 1 April 2019.

  1. Web analysis – Google Analytics 

This Website may use Google Analytics, a web analysis tool provided by Google, Inc., whose registered address is 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). This tool enables the owner to know the users’ degree of involvement with the website, with the possibility of consulting various reports which describe how the users interact with the website for the purpose of improving it. Google Analytics gathers information anonymously: that is to say, it reports on the trends of the Website without identifying its users.

Google Analytics uses cookies of origin, which are text files located on the computer, to track users’ interactions on the Website. These cookies are used to store information such as the time of the visit, if the user has been to the site before, and which site has recommended the user to visit this website in question. Browsers do not share cookies originating from the same domain. 

All computers and devices connected to the Internet are assigned a unique number known as the “Internet protocol address” or “IP address”. Since these numbers are usually assigned by country, IP addresses are often used to identify the country, state and city from which the computer is connected to the Internet. Google Analytics records the IP address of the users who visit the website so that the website owner can know from which points of the planet the site is being visited. This method is called “IP geolocation”. Google Analytics does not provide information about the real IP address.

The terms of the Google Analytics service prohibit the tracking or obtaining of personal data that identify a person (such as name, email address or billing information, as well as other associated data) through Google Analytics or the association of personal information with web analytics data.

The website owner can control the information Google can use and decide if it wants Google to use this information or not through the Google Analytics data sharing options. The data serves to improve Google’s products and services.

In order to offer users more options regarding the way Google Analytics collects their data, the Google Analytics disablement plugin for browsers has been created. This addon indicates to the Google Analytics JavaScript (ga.js) code that the information about the visit to the website should not be sent to Google Analytics. However, it does not prevent information from being sent to the website itself or to other web analytics services. The user may reject the processing of data or information by rejecting the use of cookies by selecting the appropriate configuration of his browser; however, the user must know that if they do so, they may not be able to use the full functionality of this Website.

By using this Website, the user consents to the processing of their information by Google and the website owner in the manner and for the purposes indicated above. For more information about this tool and Google’s privacy policy, users are recommended to visit the following link: http://www.google.es/intl/es/policies/ 

Privacy policy 

The Owner undertakes to comply with the regulations on Personal Data Protection and to respect the Users’ privacy. The aim is to offer the Users the best service, and to do this it is necessary to have their data.

  1. Party Responsible for Processing

LUIS CABALLERO S.A. 

NIF: A11000692

Registered address: C/San Francisco 32, 11500 El Puerto de Santa María, Cádiz 

Telephone: 956 85 17 51

Email: protecciondatos@caballero.es

  1. Purposes

Attending to consultations: Responding to consultations made by Users contacting the company by way of the Forms.

Providing the service requested by the User: Processing the incorporation as a user of the Website in order to provide them with the services offered.

Registration: Procedure for the User to announce their interest in participating in activities.

Browsing data: Data gathered by the proprietary or third-party cookies which can be generated by this Website and which are specifically described in the Cookies Policy.

Commercial communications: Users who voluntarily accept this option will be sent promotions, publicity, offers, news, invitations to events and any type of commercial information of the Owner.

  1. Legitimisation and conservation

Legal basis of processing: Consent given by the User by voluntarily providing their data and accepting the Privacy Policy. 

If you do not provide the necessary data for these purposes, it will not be possible to provide you with the services. The data will be kept as long as the relationship is maintained and its deletion is not requested, and in any case in compliance with any statutory limitation periods which may be applicable.

  1. Transfer of data

Data is transferred to the other companies forming the “Caballero Group”: LUÍS CABALLERO COMERCIAL Y DISTRIBUCIÓN S.A.; EMILIO LUSTAU S.A.; BODEGAS VIÑA HERMINIA S.L.; CABALLERO EL PUERTO S.L.U.; BODEGAS CABALLERO S.L.U.; PUERTO FINO S.A.; and MANUEL CUEVAS JURADO S.L.

  1. Rights of interested parties

Users can exercise their rights of access, rectification, deletion, transference and limitation or opposition by sending a signed request by postal mail with the subject “Data Protection”, to the address C/San Francisco 32, 11500 El Puerto de Santa María, Cádiz, clearly indicating their contact details and enclosing a copy of their identity document, or by sending an e-mail request with the subject “Exercise of Rights” to protecciondatos@caballero.es, from the same e-mail account they provided. Users are entitled to withdraw their consent and to complain before the Control Authority (Spanish Data Protection Agency, www.aepd.es).

The Delegated Data Protection Entity is: Grupo Datcon Sur S.L.U., C/Dr. Duarte Acosta 7, 1.24, 11500 El Puerto de Santa María, Cádiz, ejercicioderechos@grupodatcon.com.

  1. Free text fields

The free text fields which may appear at the User’s disposal in the forms of the Website have the sole and exclusive purpose of gathering information to improve the quality of the Services.

The User will not include, in those spaces which the Website offers as “free text fields”, any personal data which may be qualified as requiring a special level of protection, this being understood, in an illustrative and non-limitative manner, as data relating to economic-financial situation, psychological profiles, ideology, religion, beliefs, trade union affiliation, health, racial origin and/or sexual orientation.

  1. Non-compulsory fields

The Owner communicates to the User the non-compulsory nature of the gathering of certain data, except in the fields indicated otherwise by means of an asterisk (*). However, not providing said data may prevent the provision of all those Services linked to such data, releasing the Owner from any liability for non-provision or incomplete provision of these Services.

  1. Access to and rectification of personal data

The User undertakes to provide truthful information in relation with their personal data and to maintain the data provided to the Owner always updated. The User will answer, in all cases, for the truthfulness of the data provided, the Owner reserving the right to exclude from the services any User who has provided false data, without prejudice to any other lawful actions. The data provided by the User is presumed to be correct, and therefore, in the event of the User sending erroneous data, the Owner declines any liability in the event of incorrect execution or non-execution of the shipment of goods, in addition to the incorrect fulfilment of the necessary administrative procedures.

  1. Communication of personal data

In relation to the management of the services, the Users’ data may be processed by companies which provide the Owner with various services, including transport, messaging, accounting, consulting, IT maintenance or any other which, due to its capacity of Party Responsible for Processing, it may be indispensable or unavoidable for it to access and/or use this data. This processing will not be considered in any case a transfer of data.

The Owner will not transfer your data to third parties in any event.

  1. Confidentiality

In addition, the consideration of confidential will be given to information of any type which the parties exchange between themselves, any information which they agree is of such a nature, or any which is simply related with the contents of such information. Viewing data via Internet does not signify direct access to it, except with the express consent of the Website Owner on each occasion.

  1. Photographs

In compliance with the provisions of the current Personal Data Protection regulations, it is hereby announced that photographs in which people appear are considered to be personal data. With this communication we state that on this Website photographs may appear of people for promotional reasons and who have voluntarily agreed to this. If in any case, any person appearing in them does not wish a photograph of them to be shown, we ask them to contact us and we will withdraw such photograph as soon as possible. This measure will not be valid for persons who have provided a professional service.