Protection of personal data in accordance with the GDPR
Marlyn Gallery S.L., in application of the current legislation on the protection of personal data, informs you that the personal data collected through the forms on the website www.marlyngallery.com are included in automated files specifically created for users of the services provided by Marlyn Gallery S.L.
The collection and automated processing of personal data is carried out for the purpose of maintaining the commercial relationship and for carrying out tasks related to information, training, advice, and other activities specific to Marlyn Gallery S.L.
These data will only be shared with third parties when necessary to fulfill the aforementioned purposes.
Marlyn Gallery S.L. adopts the necessary measures to guarantee the security, integrity, and confidentiality of the data in accordance with the provisions of 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 such data.
The user may, at any time, exercise the rights of access, objection, rectification, erasure, restriction, and data portability as recognized in the aforementioned Regulation. These rights may be exercised by the user by sending an email to info@marlyngallery.com or by writing to the following address: Calle de Lagasca 27, bajo, local 4 (28001 Madrid, Spain).
The user declares that all the data provided are true and correct and undertakes to keep them updated by notifying Marlyn Gallery S.L. of any changes.
Purpose of the processing of personal data
At Marlyn Gallery S.L., we will process your personal data collected through the website www.marlyngallery.com for the following purposes:
To provide our services according to the specific needs of each client, in order to fulfill the contracts entered into.
Please note that you may object to receiving commercial communications by any means and at any time by sending an email to the address provided above.
All fields in the registration forms are mandatory. It will not be possible to carry out the stated purposes if the required data is not provided.
How long will the collected personal data be retained?
The personal data provided will be retained for as long as the commercial relationship is maintained or until you request its deletion, and for the period during which legal liabilities may arise from the services provided.
Legal basis
The processing of your data is carried out on the following legal grounds:
1. Your request for information and/or the contracting of services from Marlyn Gallery S.L., whose terms and conditions will be made available to you prior to any potential agreement.
2. Your free, specific, informed, and unambiguous consent, as we provide this privacy policy for your review. If you agree with it, you may give your consent by means of a clear affirmative action, such as ticking the corresponding checkbox.
If you do not provide your data, or if you provide it incorrectly or incompletely, we will not be able to process your request, and it will be impossible to offer you the requested information or proceed with the service contract.
Recipients
The data will not be disclosed to any third party outside of Marlyn Gallery S.L., except where required by law.
Data collected by users of the services
In cases where the user uploads files containing personal data to the shared hosting servers, Marlyn Gallery S.L. is not responsible for the user’s failure to comply with the GDPR.
Data retention in accordance with the LSSI
Marlyn Gallery S.L. informs that, as a provider of data hosting services and in compliance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI), it retains for a maximum period of 12 months only the essential information required to identify the origin of the hosted data and the time the service began.
The retention of this data does not affect the confidentiality of communications and may only be used within the framework of a criminal investigation or for the protection of public security, and will be made available to judges, courts, or the competent Ministry upon request.
The communication of data to law enforcement authorities will be carried out in accordance with the applicable personal data protection regulations.
Intellectual Property Rights – www.marlyngallery.com
Marlyn Gallery S.L. holds all copyrights, intellectual and industrial property rights, know-how, and any other rights related to the content of the website www.marlyngallery.com and the services offered therein, as well as the programs required for its implementation and any related information.
Reproduction, publication, and/or any use of the content of www.marlyngallery.com, in whole or in part, beyond strictly private use is not permitted without prior written consent.
Software Intellectual Property
The user must respect any third-party software made available by Marlyn Gallery S.L., even if it is free and/or publicly accessible.
Marlyn Gallery S.L. holds the necessary exploitation and intellectual property rights over the software.
The user does not acquire any rights or licenses related to the software required for the provision of the service, nor to the technical monitoring information of the service, except for the rights and licenses strictly necessary for the fulfillment of the contracted services and only for the duration of said services.
Any action that goes beyond the scope of the contract will require prior written authorization from Marlyn Gallery S.L. Users are strictly prohibited from accessing, modifying, or viewing the configuration, structure, or files of Marlyn Gallery S.L.’s servers. The user assumes full civil and criminal liability for any incidents that may occur in the servers or security systems as a direct result of negligent or malicious actions.
Intellectual Property of Hosted Content
The use of the services provided by Marlyn Gallery S.L. in a way that violates intellectual property laws is strictly prohibited, including but not limited to:
- Any use that contravenes Spanish law or infringes upon the rights of third parties.
- The publication or transmission of any content that, in the opinion of Marlyn Gallery S.L., is violent, obscene, abusive, unlawful, racist, xenophobic, or defamatory.
- The distribution of cracks, software serial numbers, or any other content that infringes upon the intellectual property rights of Marlyn Gallery S.L. or third parties.
- The collection and/or use of personal data from other users without their express consent, or in violation of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).
- The use of the domain’s mail server and email addresses to send unsolicited bulk email (spam).
The user is fully responsible for the content hosted on their website, the information transmitted and stored, hyperlinks, claims made by third parties, and legal actions concerning intellectual property, third-party rights, and the protection of minors.
The user is also responsible for compliance with the laws and regulations in force, as well as with the rules related to the functioning of online services, e-commerce, copyright, public order, and the universal principles governing internet use.
The user agrees to indemnify Marlyn Gallery S.L. for any expenses resulting from legal claims or charges brought against Marlyn Gallery S.L. or its partners that are attributable to the user, including legal defense costs and attorney’s fees—even in the case of non-final judicial decisions.
Protection of Hosted Information
Marlyn Gallery S.L. performs regular backups of the content hosted on its servers; however, it is not responsible for the loss or accidental deletion of data by users. Likewise, it does not guarantee the full restoration of data deleted by users, as such data may have been removed and/or modified during the time elapsed since the last backup.
The services offered, except for specific backup services, do not include the restoration of content stored in backups made by Marlyn Gallery S.L. when the data loss is attributable to the user. In such cases, a fee will be determined based on the complexity and volume of the recovery, always subject to the user’s prior approval.
Data restoration is only included in the service price when the data loss is caused by reasons attributable to Marlyn Gallery S.L.
Commercial Communications
In accordance with the LSSI, Marlyn Gallery S.L. will not send advertising or promotional communications by email or any other equivalent electronic means unless they have been previously requested or expressly authorized by the recipients.
In the case of users with whom there is a prior contractual relationship, Marlyn Gallery S.L. is authorized to send commercial communications regarding products or services that are similar to those initially contracted by the client.
In any case, the user may, after verifying their identity, request to stop receiving commercial information through the available Customer Service channels.