and Privacy Policy
Disclaimer
Website owner’s identification details
In fulfilment of the duty to inform established in applicable personal data protection regulations, and also in article 10 of Law 34/2002 of 11th July, on the Information Society and E-commerce, you are hereby informed that this website is the property of:
LC MUSIC PUBLISHING, S.L assigned VAT No. B67997270 with registered address at Paseo del Muro 5, 50.600 Ejea de los Caballeros (Zaragoza) hereinafter, MUSICKLY.
The Data Controller of the personal data and the obligations inherent to ownership of the website pertain to the entity in accordance with the type of service in question.
This information comprises and regulates the conditions of use, the liability limitations and the obligations of users of the website; which they agree to and undertake to observe.
Definitions
Website: domain www.musickly.com with its own services that it provides to internet users.
User/s: natural persons who use or browse the Website in their own name or on behalf of legal entities that they represent.
Content: these are the pages that comprise the domain as a whole, providing the information and services that MUSICKLY makes available to its Users over the internet. They contain messages, text, photographs, graphics, icons, logos, technology, links, textures, drawings, audio and/or image files, recordings, software, appearance, graphic design and source code, and in general any other content material on the Website.
Web: a technique that describes the information access system via the internet which is configured by means of pages designed in HTML language or similar, and programming mechanisms such as java, javascript, PHP or others. These pages are designed and published under an internet domain name and are the result of the information that the owner provides to its internet Users.
Hyperlink: a technique by means of which Users can browse different Web pages or the internet by simply clicking on text, icons, buttons or indications containing the link.
Cookies: a technical means for “traceability” and monitoring of browsing on the website. These are small text files that are installed on the User’s device. This method entails privacy issues, and therefore MUSICKLY will reliably warn Users in advance about their use.
Conditions of use
Just by using this Website you acquire the status of User, whether a natural person or legal entity, and this entails mandatory full and complete acceptance of all the clauses and general conditions contained in this Disclaimer without any reservations. If Users do not agree to the clauses and conditions of use established in this Disclaimer, they should refrain from using the Website.
This Disclaimer is subject to change and update, and consequently the version published by MUSICKLY may be different each time Users access the Website. Therefore, Users must read the Disclaimer every time they access the website.
MUSICKLY provides Users with access to and use of different content on the Website via the Internet published by MUSICKLY or by authorised third parties.
Users must and undertake to use the website and its content in accordance with current legislation, this Disclaimer and any other warnings or instructions they are given, either via the Disclaimer or in any other place in the content comprising the website, and also in accordance with general rules, morality and generally accepted habits.
Consequently, Users must not use and undertake not to use any of the content for any illicit purposes or effects that are forbidden in this Disclaimer or current legislation, any that are damaging to the rights and interests of third parties or which in any way may damage, render useless, overload, deteriorate or impede normal use of the website, IT equipment or the documents, files and all other content stored on any IT equipment belonging to MUSICKLY or contracted by the latter, other Users or by any other internet user (hardware and software).
Users are obliged and undertake not to transmit, disseminate or provide third parties with any kind of material contained in the Website, such as information, text, data, content, messages, graphics, drawings, audio and/or image files, photographs, recordings, software, logos, brands, icons, technology, photographs, software, links, graphic design and source code, or any other material they have access to as Users of the Website, without such being limited to the foregoing items.
Likewise, in accordance with the foregoing, Users may not:
Reproduce, copy, distribute, provide or in any other way publicly communicate, transform or modify the content, unless they are specifically authorised to do so in writing by MUSICKLY, who is the owner of the relevant rights, or whoever is legally entitled to use such.
Erase, manipulate or in any other way alter the copyright and other identification details of rights reserved for MUSICKLY or their holders, digital prints and/or identification, or any other technical resources established for recognition thereof.
Users must refrain from obtaining or attempting to obtain the Content by using any means or procedures other than those that have been made available to them for this purpose, or that have been indicated for such purpose on the website where the Content is found, or in general that are used in standard practice on the internet for this purpose, providing that this does not entail a risk of damage to the website and/or content or rendering it inaccessible.
Intellectual property
All brands, trademarks or distinctive signs of any kind displayed on the Website are the property of MUSICKLY, or where applicable of the third parties who have authorised their use, without understanding that the use or access to the website and/or the contents attributes the right by Users to use the said brands, trademarks and/or distinctive signs in any way, and without it being understood that any exploitation rights that currently exist or that could exist on the said content are transferred to Users.
Likewise, the content are the intellectual property of MUSICKLY or third parties, and therefore the said intellectual property rights are owned by MUSICKLY or by third parties who have authorised MUSICKLY to use them, and the latter are the exclusive holders of the operating rights over such in any way, and in particular of the rights to reproduction, distribution, public communication and transformation. Under no circumstances may it be construed that such rights are transferred to Users or that Users are entitled to their use unless they legitimately obtain such rights from the holders thereof.
Any unauthorised use of the information contained on this Website, and any breaches of MUSICKLY’S intellectual or industrial property rights or those of third parties included on the Website shall lead to legal liability as established in accordance with the law.
Hyperlinks
Any persons who propose establishing hyperlinks between their websites and the Website must observe and abide by the following conditions:
Prior authorisation will not be required when the hyperlink only permits access to the home page, but it may not be reproduced in any way. Any other form of hyperlinks shall require specific authorisation in writing from MUSICKLY.
Hyperlinks to pages that contain subjects, names, materials or information that are considered to be inappropriate, profane, slanderous, illegal, obscene, indecent or illicit will be restricted, as will any to materials or information that violate any intellectual property rights, privacy rights relevant publicity.
Frames shall not be created with the website or any pages of MUSICKLY’S website.
No false, inexact or offensive statements or indications shall be made about MUSICKLY, its directors, employees or collaborators, or any other persons named on the website for any reason, or any of the Website's Users or the supplied content.
It shall not be stated or inferred that MUSICKLY has authorised the hyperlink or that it has supervised or in any other way endorsed the content offered or provided via the website to which the hyperlink directs.
The Website to which the hyperlink directs may only contain the strictly necessary information to identify the destination of the hyperlink.
The website to which the hyperlink redirects must not contain any illegal content or information contrary to morality or the generally accepted principles of ethics or that is in breach of public order, nor shall it contain any content contrary to any third party rights.
Website availability
MUSICKLY does not guarantee that there are no errors when accessing the Website, its content, nor that the content is up to date, although we shall strive to ensure avoid any errors, correct them or update them. Consequently, MUSICKLY shall not be responsible for any damages of any kind caused to Users from faults or disconnections in the telecommunications networks leading to suspension, cancellation or interruption of the website while services or provided or beforehand.
MUSICKLY excludes, with the exceptions established in current legislation, any responsibility for damages of any kind that may stem from the lack of availability, continuity or quality of operation of the website and its contents, any responsibility stemming from failing to meet the expectations of users in regard to the said Website and its content.
The function of hyperlinks displayed on this Website is exclusively to inform about the existence of other websites that contain information about the same subject. These hyperlinks may not be construed as a suggestion or recommendation of any kind.
MUSICKLY is not responsible for the content of the said linked websites, the functioning or utility of the hyperlinks, nor the results of the links, nor do we guarantee the absence of computer virus or other items that could cause alterations to the IT system (hardware and software), the user's documents or files, excluding any responsibility for any damages of any kind caused to the user through such links.
Access to the website does not entail the obligation by MUSICKLY to control the absence of computer virus, worms or any other form of malware. In any event, Users shall be responsible for providing the appropriate tools to detect and disinfect malware, and therefore MUSICKLY shall not be responsible for any possible security breaches that might take place during the providing of the services on MUSICKLY’S Website, nor any damage that could be caused to the user's or third party’s IT systems (hardware and software), files or documents stored on them, or the consequences of the presence of computer virus in the user's computer used to connect to the services and content of the Website, malfunctioning of the web browser or the use of outdated versions thereof.
Website quality
Given the dynamic, changing environment of the information and services provided via the website MUSICKLY makes its best efforts to ensure the truthfulness, accuracy, ability, utility and/or up to date of the content. The information contained on the pages comprising this Website are for information purposes, consultation, dissemination and publicity, among others.
Limited liability
MUSICKLY shall not be responsible for any decisions that Users may make based on the information contained herein when such information is correct, or any incidents external to MUSICKLY’S will. The information is subject to possible periodical changes without prior warning in regard to the content for extension, improvement, correction or update of the Content.
Notifications
All notifications and communication by the parties will be valid in accordance with the means permitted by Law. Those regarding this Website will be considered effective, for all purposes, if they are carried out through the website itself.
Availability of content
Providing of the services offered and its content are initially for an indefinite period of time. Nevertheless, MUSICKLY, without prejudice to any contractually binding rights, is authorised to terminate or suspend the services provided via the said Website and/or any of its contents at any time. Whenever reasonably possible, MUSICKLY shall inform about the termination or suspension of the Website in advance.
Processing of claims
MUSICKLY provides its clients with a Customer Service which may be contacted via editorial@musickly.com. Any claims submitted by Users who are consumers in accordance with the terms established in current legislation will be processed by the MUSICKLY’S Customer Service and may be filed via any of the contact details provided in this Disclaimer. We undertake to reply to all claims via adequate means within 30 days at the most.
In the event of a rejected claim by MUSICKLY, consumers may address the official consumer rights organisations in their region or the REGULATION (EU) 524/2013 of the European Parliament and of the Council of 21st May platform for resolving litigation on-line regarding consumer affairs (http://ec.europa.eu/odr).
Jurisdiction
For any matters arising through the interpretation, application and fulfilment of this disclaimer, and any claims that may arise from the use of such, the parties hereby agree to subject themselves to the competence of the Courts and Tribunals of Spain in accordance with current procedural legislation.
Applicable legislation
The Disclaimer is governed by Spanish legislation and applicable personal data regulations.
Privacy policy
In its commitment to the Personal Data Protection of its clients, MUSICKLY has performed a review of all its business processes, in particular those involving personal data processing, duly adapting them to the new demands of Community regulations, namely the General Data Protection Regulation (GDPR), and implementing adequate security measures in accordance with the results of the analysis that was performed, and has consequently updated its privacy policy and this Disclaimer.
Users and/or Clients guarantee that the data they supply either are true, exact, complete and up-to-date, and shall be liable for any direct or indirect damages that any breach of this obligation could cause. If the supplied data refer to a third party, Users and/or Clients guarantee that the said third party has been duly informed about the entire content of this document and that authorisation to supply his/her data to MUSICKLY for the said purposes has been obtained.
The Website may host blogs, forums and other social media applications or services in order to facilitate the exchange of knowledge and content. Any personal information provided by users can be shared with other users of this service. MUSICKLY does not have any control over them.
For technical and systems diagnostics purposes in an anonymous, pseudomised way, MUSICKLY may record your IP address (internet access identification number of your device which permits devices, systems and services to recognise each other and communicate with each other). This information may also be used to analyse website performance.
In accordance with the provisions of applicable data protection regulations, MUSICKLY’S Users and/or Clients are hereby informed as to the following:
Data Controller
The Data Controller concerning the data voluntarily provided by Users is:
Data Controller: LC MUSIC PUBLISHING, S.L
VAT No.: B67997270
Registered address: Paseo del Muro 5, 50.600 Ejea de los Caballeros (Zaragoza), hereinafter MUSICKLY
Purposes of personal data processing
Voluntarily supplied personal data will be included in processing records belonging to MUSICKLY for the following purposes:
Processing and management of information and/or advice queries, pre-orders or orders placed by Users and/or Clients through this website, by telephone or by e-mail.
Management and control of the services offered through the Website, by telephone or by e-mail related to advice and the providing of services.
Sending commercial information about MUSICKLY’S services and products which may be of interest to Users, providing that they have specifically accepted such.
Managing Website Users.
Providing the services offered on the Website and/or requested information, whether such has been requested via the website, by e-mail or by telephone. E-mail may report confirmation of receipt and reading.
Managing contractual or commercial relations between MUSICKLY and Users and/or Clients.
Managing fulfilment of contractual or extra-contractual obligations entered into by MUSICKLY.
Managing and maintaining a single record of Clients in MUSICKLY’S promotional system if such has been accepted.
In any cases when Users specifically agree to such, to send publicity and commercial information about MUSICKLY, its activities, products, services, offers, contests, special promotions, and documents of different natures that could be either of interest or useful to Users and/or Clients.
Likewise, in each process where Users provide their personal details, they will be informed of the mandatory, official nature of such, and the consequences of failing to provide them.
Information on data processing for communication
The data used or provided in information communication and/or promotions will be processed by MUSICKLY for purposes of sending out information e-mail about services, activities, publications, social and professional celebrations and events by MUSICKLY that may be of interest to Users and/or Clients; monitoring and optimising marketing campaigns performed via technology for these purposes.
Consent for the sending of such communication may be revoked at any time in each of the communications received via the relevant mechanism.
The criteria employed for storing the data shall be based on statements objecting to processing by Users and/or Clients. In any event, data subject rights to access, rectification or deletion, limited processing, objection to processing and data portability may be exercised via e-mail at editorial@musickly.com.
Third party personal data
In the case of personal data supplied by persons other than users or holders of the data who are acting as representatives of the latter, the representative guarantees that the data subject has been duly informed about this Privacy Policy and authorisation to provide the data to MUSICKLY for the relevant purposes has been obtained. Likewise, it is guaranteed that the provided data are exact and up-to-date, and the person who supplies such data shall be liable for any direct or indirect damages that any breaches hereof could cause.
Personal data storage period
The supplied personal data shall be stored for the period of contractual relations, if deletion of such is not requested by the data subject, unless they must be deleted owing to fulfilment of legal obligations regarding the exercising and defence of claims, or when storage is required to enable application of benefits, discounts or promotional advantages for clients.
If users revoke their consent for the processing of their data, or if they exercise the right to cancellation or deletion, their personal data will be blocked and only made available to the Justice Administration for the periods legally provided for in order to deal with any possible liabilities arising from data processing.
Legitimation for personal data processing
MUSICKLY is legitimate to process personal data based on the following grounds:
Users and/or Clients specifically agree to the processing purposes described in section 2 of this Policy, which require the processing of their personal data as Users and/or Clients.
Users and/or Clients have provided their personal data within the framework of contractual or pre-contractual relations to deal with their applications for management of services related to their products.
Users and/or Clients have given their informed consent for the sending of commercial communications related to MUSICKLY’S products and/or services that could be of interest to them, for the installation of monitoring systems to inform about browsing habits in accordance with the Cookies Policy, or for information requested through contact forms.
There are legal obligations that require the processing of personal data in accordance with the provided services.
The legal grounds for processing Users’ and/or Clients’ personal data by MUSICKLY stems from section a), b) and c) of number 1 of article 6 of the Regulation (EU) 2016/679 of 27th April and the Organic Data Protection Law and Guarantee of Digital Rights (LOPD GDD) of 2018.
Recipient categories
MUSICKLY’S Users and/or Clients’ personal data may be reported to the following recipients:
Entities with whom collaboration agreements are held to enable the performance and fulfilment of contracts signed by the Users and/or Clients.
Solicitors with whom MUSICKLY holds collaboration agreements to enable performance and correct fulfilment of contracts.
Insurance companies with whom MUSICKLY holds collaboration agreements to enable the performance and correct fulfilment of the conditions of the insurance contracts.
Finance entities with whom MUSICKLY has collaboration agreements to enable the performance and correct fulfilment of the relevant contracts.
IT service providers.
The Public Administration and Organisations to comply with MUSICKLY’S directly enforceable obligations and/or whenever there is a legal obligation.
International data transfers
MUSICKLY currently does not make any international data transfers.
Data subject rights
Users and/or Clients may exercise their data subject rights to access, rectification or deletion, limited processing, objection to processing, data portability and may also object to automated individual decisions by MUSICKLY. Likewise, they may revoke their consent if they have given it for a specific purpose, and may change their preferences at any time.
Users and/or Clients may exercise any of the aforementioned rights in the above paragraph by sending an e-mail to MUSICKLY stating the right they would like to exercise to: editorial@musickly.com
Users and/or Clients are hereby informed that they can file claims regarding personal data protection with the Spanish Data Protection Agency at www.agpd.es, the Spanish State Supervisory Authority.
Policy updates
This policy has been updated in accordance with the requirements of community regulations on Personal Data Protection, the General Data Protection Regulation (GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPD GDD).
Likewise, you are hereby informed that this policy may be modified owing to changes to the requirements established by current legislation at any given time, by judicial decisions and jurisprudential changes, and also owing to changes to MUSICKLY’S actions and strategies. Publication and access by users will be via the Website, assuming that any relations established prior to the changes shall be governed by the regulations in force at the time the Website was accessed for establishment.