Legal Notice

LEGAL NOTICE AND GENERAL TERMS OF USE OF THE WEBSITE

madrid-tourguide.com

1. GENERAL INFORMATION

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

The owner of this website, madrid-tourguide.com (hereinafter referred to as the “Website”), is Thomas Büser:, holder of NIE X7208889E, whose contact details are as follows:

Address: Paseo de las Delicias 104 2ºA, 28045 Madrid, España, Telephone: +34-610.642.579, Email: tour@madrid-tourguide.com

Furthermore, given the nature of the activity carried out by Thomas Büser, he is registered in the Register of Official Tourist Guides of Madrid, with the following registration details: Licence No. 818.

Thomas Büser is subject to Decree 18/2017 of 7 February of the Governing Council, regulating the activity of official tourist guides in the Community of Madrid, approved by the Government of Madrid. The full text of the Decree can be consulted on the following website: Official Gazette of the Community of Madrid (BOCM)
https://www.bocm.es/eli/es-md/d/2017/02/07/18/con.

1. GENERAL TERMS AND CONDITIONS OF USE

Purpose of These Terms and Conditions: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both in static and dynamic form, i.e. the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter, the “Content”), as well as any online services or resources that may be offered to Users (hereinafter, the “Services”).

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

Access to the Website by the User is free of charge and, as a general rule, is provided at no cost, without the User having to provide any consideration in order to use it, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.

The use of certain Content or Services on the Website may require the User to subscribe or register in advance.

The User

Accessing, browsing and using the Website confers the status of User, and therefore constitutes acceptance, from the moment browsing of the Website begins, of all the Terms and Conditions set out herein, as well as any subsequent amendments thereto, without prejudice to the application of any applicable mandatory legal provisions, as appropriate. In view of the importance of the foregoing, Users are advised to read these Terms and Conditions each time they visit the Website.

Thomas Büser’s Website provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

• The use of the information, Content and/or Services and data provided by Thomas Büser in a manner that does not contravene these Terms and Conditions, the law, public morality or public order, or that may otherwise infringe the rights of third parties or interfere with the proper functioning of the Website.

• The accuracy and lawfulness of the information provided by the User in the forms made available by Thomas Büser for access to certain Content or Services offered through the Website. In any event, the User shall immediately notify Thomas Büser of any circumstance that may result in the improper use of the information recorded in such forms, including, but not limited to, the theft, loss or unauthorised access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Mere access to this Website does not establish any commercial relationship of any kind between Thomas Büser and the User.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, Thomas Büser’s Website is not intended for minors. Thomas Büser declines any liability for failure to comply with this requirement.

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

Thomas Büser does not guarantee the continuity, availability or usefulness of the Website, nor of the Content or Services. Thomas Büser will make every effort to ensure the proper functioning of the Website; however, he does not accept any liability for, nor guarantee, that access to this Website will be uninterrupted or error-free.

Nor does Thomas Büser accept any liability for or guarantee that the content or software that may be accessed through this Website is free from errors or may cause any damage to the User’s computer system (software and hardware). Under no circumstances shall Thomas Büser be liable for any losses, damages or harm of any kind arising from access to, browsing of or use of the Website, including, but not limited to, any damage to computer systems or any damage caused by the introduction of viruses.

Thomas Büser shall likewise not be liable for any damage that may be caused to Users as a result of improper use of this Website. In particular, Thomas Büser shall not be liable in any way for any failures, interruptions, or deficiencies or defects in telecommunications services that may occur.

1. PRIVACY AND DATA PROTECTION POLICY

In compliance with applicable legislation, Thomas Büser undertakes to implement the necessary technical and organisational measures, according to the level of security appropriate to the risk associated with the data collected.

Laws Incorporated into This Privacy Policy

This Privacy Policy has been adapted to the Spanish and European legislation currently in force concerning the protection of personal data on the internet. In particular, it complies with the following regulations:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR).
• Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
• Royal Decree 1720/2007 of 21 December, approving the Regulation implementing Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
• Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

The controller of the personal data collected through the Website is Thomas Büser, with Spanish Tax Identification Number (NIF): (ES)X7208889E (hereinafter also referred to as the “Data Controller”). His contact details are as follows:

Address: Paseo de las Delicias 104 2ºA, 28045 Madrid, España, Telephone: +34-610.642.579, Email: tour@madrid-tourguide.com

Data Protection Officer (DPO)

The Data Protection Officer (DPO) is responsible for ensuring compliance with the data protection regulations to which Thomas Büser is subject. The User may contact the DPO appointed by the Data Controller.

Register of Personal Data

In compliance with the provisions of the GDPR and the LOPDGDD, we hereby inform you that the personal data collected by Thomas Büser through the forms available on his pages will be incorporated into and processed in our files for the purpose of facilitating, expediting and fulfilling the commitments established between Thomas Büser and the User, or maintaining the relationship established through the forms completed by the User, or responding to any request or enquiry made by the User.
Likewise, in accordance with the provisions of the GDPR and the LOPDGDD, unless the exception provided for in Article 30(5) of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

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 User’s consent shall be required at all times, following fully transparent information about the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.
• Principle of data minimisation: the personal data collected shall be limited to what is strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and kept up to date at all times.
• Principle of storage limitation: personal data shall be kept in a form that permits the identification of the User for no longer than is necessary for the purposes for which they are processed.
• Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
• Principle of accountability: the Data Controller shall be responsible for ensuring compliance with the above principles.

Categories of Personal Data

The categories of data processed by Thomas Büser are limited to identification data. Under no circumstances are special categories of personal data within the meaning of Article 9 of the GDPR processed.

Legal Basis for the Processing of Personal Data

The legal basis for the processing of personal data is consent. Thomas Büser undertakes to obtain the User’s explicit and verifiable consent to the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw their consent at any time. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawing consent shall not affect the use of the Website.

Where the User is required or permitted to provide their personal data through forms in order to make enquiries, request information or for purposes related to the content of the Website, the User shall be informed if the completion of any of the forms is mandatory because the information requested is essential for the proper execution of the operation in question.

Purposes for Which Personal Data Are Processed

Personal data are collected and processed by Thomas Büser for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User, maintaining the relationship established through the forms completed by the User, or responding to a request or enquiry.

Likewise, the data may be used for commercial purposes, including personalisation, operational and statistical purposes, as well as for activities related to the business purpose of Thomas Büser. They may also be used for data extraction and storage and for marketing studies, in order to adapt the Content offered to the User and to improve the quality, functionality and navigation of the Website..

At the time the personal data are collected, the User shall be informed of the specific purpose or purposes for which the personal data will be processed, that is, how the information collected will be used.

Retention Periods for Personal Data

Personal data shall be retained only for the minimum period necessary for the purposes for which they are processed and, in any event, only for the following period: 12 months, or until the User requests their deletion.

At the time the personal data are collected, the User shall be informed of the period for which the personal data will be stored or, where this is not possible, the criteria used to determine that period.

Recipients of Personal Data

The User’s personal data will not be shared with third parties.

In any event, at the time the personal data are collected, the User shall be informed of the recipients or categories of recipients of the personal data.

Personal Data of Minors

In accordance with Articles 8 of the GDPR and 13 of the RDLOPD, only persons aged 14 or over may lawfully give their consent to the processing of their personal data by Thomas Büser. In the case of a minor under 14 years of age, the consent of their parents or legal guardians shall be required for the processing of their personal data, and such processing shall only be considered lawful to the extent that they have authorised it.

Confidentiality and Security of Personal Data

Thomas Büser undertakes to adopt the necessary technical and organisational measures, in accordance with the level of security appropriate to the risk associated with the data collected, in order to ensure the security of personal data and prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised disclosure of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially, as the transmission of data between the server and the User, and vice versa, is fully encrypted.

However, as Thomas Büser cannot guarantee the impenetrability of the Internet or the complete absence of hackers or others who may fraudulently gain access to personal data, the Data Controller undertakes to notify the User without undue delay in the event of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons.
In accordance with Article 4 of the GDPR, a personal data breach is understood to mean any breach of security that leads to the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or to the unauthorised disclosure of or access to such data.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform its employees, associates and any other person to whom the information is made available of this obligation and to ensure, by means of a legal or contractual obligation, that such confidentiality is respected.

Rights Arising from the Processing of Personal Data

The User has the following rights in relation to Thomas Büser and may therefore exercise them against the Data Controller, as recognised under the GDPR:

• Right of access: the User has the right to obtain confirmation as to whether Thomas Büser is processing their personal data and, if so, to obtain information about their specific personal data and the processing carried out or to be carried out by Thomas Büser, as well as, among other things, any available information regarding the source of such data and the recipients of communications made or intended in relation to them.
• Right to rectification: the User has the right to have their personal data corrected where they are inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“the right to be forgotten”)Right to erasure (“the right to be forgotten”): the User has the right, unless otherwise provided by applicable law, to obtain the erasure of their personal data where the data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for the processing; the User objects to the processing and there are no other overriding legitimate grounds for continuing the processing; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been collected in connection with the direct offer of information society services to a child under 14 years of age.
  In addition to erasing the data, the Data Controller shall, taking into account available technology and the cost of implementation, take reasonable measures to inform controllers processing the personal data that the data subject has requested the erasure of any links to, or copies or replications of, those personal data.
• Right to restriction of processing: the User has the right to restrict the processing of their personal data. The User has the right to obtain restriction of processing where they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User requires them for the establishment, exercise or defence of legal claims; or the User has objected to the processing.
• Right to data portability: where the processing is carried out by automated means, the User has the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format and to transmit those data to another data controller. Where technically feasible, the Data Controller shall transmit the data directly to that other data controller.
• Right to object: the User has the right to object to the processing of their personal data or to require Thomas Büser to cease processing them.
• Right not to be subject to a decision based solely on automated processing, including profiling: the User has the right not to be subject to a decision based solely on the automated processing of their personal data, including profiling, unless otherwise provided by applicable law.

Accordingly, the User may exercise their rights by submitting a written request to the Data Controller, marked “GDPR-madrid-tourguide.com”, specifying:

• The User’s first name and surname, together with a copy of their identity card. Where representation is permitted, the identification of the person representing the User by the same means shall also be required, as well as the document certifying such representation. The copy of the identity card may be replaced by any other legally valid means of verifying the User’s identity.
• A request specifying the specific reasons for the request or the information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document supporting the request submitted.

This request, together with any attached documents, may be sent to the following postal address and/or email address:

Address: Paseo de las Delicias 104 2º A,28045 Madrid (Spain) Email: tour@madrid-tourguide.com

Links to Third-Party Websites

The Website may contain hyperlinks or links to websites operated by third parties other than Thomas Büser and therefore not operated by Thomas Büser. The operators of such websites have their own data protection policies and are, in each case, responsible for their own records and privacy practices.

Complaints to the Supervisory Authority
If the User considers that there is a problem or a breach of the applicable regulations in the way their personal data are being processed, they have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement. In Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos) (AEPD).

Acceptance of and Changes to This Privacy Policy

The User must have read and agreed to the terms concerning the protection of personal data set out in this Privacy Policy and must consent to the processing of their personal data so that the Data Controller may process such data in the manner, for the periods and for the purposes specified herein. Use of the Website shall constitute acceptance of this Privacy Policy.

Thomas Büser reserves the right to modify this Privacy Policy at his own discretion or as a result of changes in legislation, case law or the guidelines of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to consult this page periodically to stay informed of the latest changes or updates.

This Privacy Policy was updated on 20 October 2024 to comply with 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), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD).

1. COOKIE POLICY

Accessing this Website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User —on the various devices they may use to browse the Website— so that the server can remember certain information that will subsequently be read only by the server that implemented it. Cookies facilitate browsing, make it more user-friendly, and do not damage the browsing device.

Cookies are automated procedures for collecting information relating to the preferences determined by the User during their visit to the Website, in order to recognise them as a User and personalise their experience and use of the Website. They may also, for example, help to identify and resolve errors.

However, the User may not remove, alter or tamper with any protective device or security system installed on the Website.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the amount of time spent on the Website, and the websites visited immediately before and after it. However, no cookie can contact the User via their 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 become part of a Cookie file is for the User to personally provide such information to the server.

Cookies that make it possible to identify a person are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this regard, the User’s consent shall be required for their use. Such consent shall be given on the basis of a genuine choice, expressed through a specific and affirmative action before the initial processing, and shall be withdrawable and documented.

First-Party Cookies

These are cookies that are sent to the User’s computer or device and managed exclusively by Thomas Büser to ensure the proper functioning of the Website. The information collected is used to improve the quality of the Website and its Content, as well as the User experience. These cookies make it possible to recognise the User as a returning visitor to the Website and to adapt the content in order to offer content that matches their preferences.

The entity or entities responsible for providing the cookies may disclose this information to third parties where required by law or where a third party processes this information on behalf of such entities.

Social Media Cookies

Thomas Büser incorporates social media plugins that allow access to social media platforms from the Website. For this reason, social media cookies may be stored in the User’s browser. The operators of such social media platforms have their own data protection and cookie policies and are, in each case, responsible for their own records and privacy practices. The User should refer to these policies for information about such cookies and, where applicable, the processing of their personal data.

Disabling, Rejecting and Deleting Cookies

The User may disable, reject and delete cookies —in whole or in part— installed on their device by configuring their browser settings (including, for example, Chrome, Firefox, Safari and Internet Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User should refer to the instructions provided by the Internet browser they are using. If the User rejects the use of cookies —in whole or in part— they may continue to use the Website, although their use of some of its features may be limited.

Changes to the Cookie Policy

The Website’s Cookie Policy may change or be updated. Therefore, Users are advised to review this policy each time they access the Website in order to remain properly informed about how and why we use cookies.

1. LINK POLICY

It is hereby informed that the Thomas Büser Website provides or may provide Users with linking mechanisms (including, among others, links, banners and buttons), directories and search engines that allow Users to access websites owned and/or operated by third parties.

La instalación de estos enlaces, directorios y motores de búsqueda en el Sitio Web tiene por objeto facilitar a los Usuarios la búsqueda de y acceso a la información disponible en Internet, sin que pueda considerarse una sugerencia, recomendación o invitación para la visita de los mismos.

Thomas Büser does not offer or market, either directly or through third parties, the products and/or services available on such linked websites.

Likewise, Thomas Büser does not guarantee the technical availability, accuracy, truthfulness, validity or legality of websites not owned by him that may be accessed through the links.

Thomas Büser shall in no event review or monitor the content of other websites, nor does he approve, examine or adopt as his own the products and services, content, files or any other material available on the aforementioned linked websites.

Thomas Büser assumes no liability whatsoever for any damage or loss that may arise from accessing, using or relying on the content, communications, opinions, products or services of websites not operated by Thomas Büser that are linked to from this Website, or from the quality or lawfulness thereof.

The User or any third party who creates a hyperlink from another website to the Thomas Büser Website should be aware that:

No se permite la reproducción —total o parcialmente— de ninguno de los Contenidos y/o Servicios del Sitio Web sin autorización expresa de Thomas Büser.

False, inaccurate or incorrect statements about the Thomas Büser Website or its Content and/or Services are likewise not permitted.

Except for the hyperlink itself, the website on which such hyperlink is established shall not contain any element from this Website that is protected as intellectual property under Spanish law, unless expressly authorised by Thomas Büser.

The establishment of the hyperlink shall not imply the existence of any relationship between Thomas Büser and the owner of the website from which the hyperlink is established, nor shall it imply that Thomas Büser is aware of or accepts the content, services and/or activities offered on such website, and vice versa..

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

Thomas Büser, either in his own right or as an assignee, holds all intellectual and industrial property rights to the Website and its contents (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Accordingly, these shall constitute works protected by intellectual property law under Spanish legislation and shall be subject to both Spanish and European Union legislation in this field, as well as to international treaties relating to the subject matter to which Spain is a signatory.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available to the public, of all or any part of the contents of this Website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorisation of Thomas Büser.

The User undertakes to respect the intellectual and industrial property rights of Thomas Büser. The User may view the elements of the Website and may even print, copy and store them on their computer’s hard drive or on any other physical medium, provided that this is exclusively for their personal use.

However, the User may not remove, alter or tamper with any protective device or security system installed on the Website.

If the User or any third party considers that any of the Content of the Website infringes intellectual property rights, they must immediately notify Thomas Büser using the contact details provided in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VIII. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Thomas Büser reserves the right to take such civil or criminal legal action as he deems necessary in response to improper use of the Website and its Content, or to any breach of these Terms and Conditions.

The relationship between the User and Thomas Büser shall be governed by the laws and regulations in force and applicable in Spain. Should any dispute arise in connection with the interpretation and/or application of these Terms and Conditions, the parties shall submit their disputes to the ordinary courts and tribunals, submitting to the jurisdiction of the judges and courts having jurisdiction in accordance with applicable law.

Last updated: 20 October 2024