I. GENERAL INFORMATION

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

La titularidad de este sitio web, www.surfcityelsalvador.com, (en adelante, Sitio Web/Website) la ostenta el Ministerio de Turismo de El Salvador en adelante MITUR; con número de NIT:  0614-010604-103-0 y cuyos datos de contacto son 

Dirección: Edificio Century Tower, Nivel 11, Boulevard Sergio Vieira de Mello, #243, Colonia San Benito, San Salvador El Salvador  

PBX: (503) 2241-3200   

info@mitur.gob.sv 

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Web Site

The purpose of these General Conditions of Use (hereinafter, 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 statically and dynamically, i.e. the navigation menu; and all the elements integrated both in the screen interfaces and in the navigation menu (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

www.surfcityelsalvador.com reserves the right to modify, at any time, and without previous warning, the presentation and configuration of the Website and of the Contents and Services that could be incorporated in it. The User acknowledges and accepts that at any time www.surfcityelsalvador.com may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.

The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.

The User

The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and www.surfcityelsalvador.com, such as comments and/or blogging spaces, confers the condition of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.

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

• A use of the information, Contents and/or Services and data offered by www.surfcityelsalvador.com without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Web Site. 

• The veracity and legality of the information provided by the User in the forms extended by www.surfcityelsalvador.com for the access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify www.surfcityelsalvador.com about any fact that allows the improper use of the information registered in such forms, such as, but not only, the theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

www.surfcityelsalvador.com reserves the right to remove any comments and contributions that violate the law, respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, order or public safety or, in his opinion, are not suitable for publication.

In any event, www.surfcityelsalvador.com will not be responsible for the opinions expressed by users through comments or other blogging or participation tools that may exist.

Access to this Website does not imply any type of commercial relationship between www.surfcityelsalvador.com and the User.

In compliance with current legislation, this Website is intended for all persons, regardless of age, who may access and/or browse the pages of the Website.

The Website is primarily intended for Users residing in Spain. www.surfcityelsalvador.com does not ensure that the Website complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled in another country and decides to access and/or browse the Website, he/she shall do so under his/her own responsibility and shall ensure that such access and browsing complies with the local legislation applicable to him/her, and www.surfcityelsalvador.com shall not assume any liability whatsoever arising from such access.

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

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

Neither is www.surfcityelsalvador.com responsible or warrants 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 event shall www.surfcityelsalvador.com be liable for any loss, damage or harm 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.

www.surfcityelsalvador.com is also not responsible for damages that may be caused to users by an inadequate use of this Website. In particular, www.surfcityelsalvador.com shall not be liable in any way for any telecommunications failures, interruptions, faults or defects that may occur.

IV. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, www.surfcityelsalvador.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 incorporated into this privacy policy

This privacy policy is adapted to the Spanish and European regulations in force regarding the protection of personal data on the Internet. Specifically, it respects the following rules:

• 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). 
• The Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. 
• Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD). 
• Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE). 

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in www.surfcityelsalvador.com is: Dirección: Edificio Century Tower, Nivel 11, Boulevard Sergio Vieira de Mello, #243, Colonia San Benito, San Salvador El Salvador  

PBX: (503) 2241-3200   

info@mitur.gob.sv 

Personal Data Registry

The personal data collected by www.surfcityelsalvador.com, through the forms extended in its pages, will be introduced in an automated file under the responsibility of the Data Controller, and duly declared and registered in the General Register of the Data Protection Agency that can be consulted on the website of the Spanish Data Protection Agency (http://www.agpd.es), in order to facilitate, expedite and fulfill the commitments established between www.surfcityelsalvador.com and the User or the maintenance of the relationship established in the forms he/she fills in, or to meet a request or query from him/her.

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 RGPD:

• Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after having been fully informed of the purposes for which the personal data is collected. 
• Principle of purpose limitation: personal data will be collected for specified, explicit and legitimate purposes. 
• Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed. 
• Accuracy principle: personal data must be accurate and always up to date. 
• Principle of limitation of the storage period: personal data shall only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing. 
• Principle of integrity and confidentiality: personal data will be processed in such a way as to ensure their security and confidentiality. 
• Principle of proactive responsibility: the Data Controller shall be responsible for ensuring that the above principles are complied with. 

Categories of personal data

The categories of data processed by www.surfcityelsalvador.com are solely identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

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

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

In the occasions in which the User must or may 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 processing for which the personal data is used

Personal data is collected and managed by www.surfcityelsalvador.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 fills or to respond to a request or inquiry.

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

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

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: for the period of time strictly necessary to perform the functions described, or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the recipients necessary to fulfill the agreements and services established between www.surfcityelsalvador.com and the User.

In the event that the Controller intends to transfer personal data to a third country or international organization, at the time the personal data is obtained, the User will be informed about the third country or international organization to which the data is intended to be transferred, as well as the existence or absence of a Commission adequacy decision.

Personal data of minors

In compliance with the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only persons over 14 years of age may give their consent to the processing of their personal data in a lawful manner by www.surfcityelsalvador.com. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

www.surfcityelsalvador.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 ensure the security of personal data and prevent accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized 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 transmission of data between the server and the User, and in feedback, is fully encrypted or encrypted.

However, because www.surfcityelsalvador.com cannot guarantee the impregnability of the Internet or the total absence of hackers or others fraudulently accessing personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to involve a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of security of personal data means any breach of security resulting in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

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

Rights arising from the processing of personal data

The User holds over www.surfcityelsalvador.com and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD:

• Right of access: This is the User’s right to obtain confirmation as to whether or not www.surfcityelsalvador.com is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the processing that www.surfcityelsalvador.com has carried out or is carrying out, as well as, among other things, the information available about the origin of said data and the recipients of the communications made or planned for said data. 
• Right of rectification: This is the User’s right to have his or her personal data that proves to be inaccurate or, taking into account the purposes of the processing, incomplete, modified. 
• Right of deletion (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by the legislation in force, to obtain the erasure of his or her personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other lawful basis; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the technology available and the cost of its implementation, shall take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for the deletion of any link to such personal data. 
• Right to limitation of processing: This is the User’s right to limit the processing of his/her personal data. The User has the right to obtain the limitation of processing when he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing. 
• Right to data portability: Where processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format, and to transmit it to another Controller. Whenever technically possible, the Controller shall transmit the data directly to such other controller. 

• Right of opposition: This is the User’s right not to have his or her personal data processed or to have the processing of such data by www.surfcityelsalvador.com cease. 

• Right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualized decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided by law. 

Thus, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-www.surfcityelsalvador.com“, specifying:

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

This application and any attachments may be sent to the following address and/or e-mail address:

Dirección: Edificio Century Tower, Nivel 11, Boulevard Sergio Vieira de Mello, #243, Colonia San Benito, San Salvador El Salvador  

PBX: (503) 2241-3200   

info@mitur.gob.sv 

Links to third party websites

The Web Site may include hyperlinks or links that allow access to third party websites other than www.surfcityelsalvador.com, and therefore are not operated by www.surfcityelsalvador.com. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or infringement of the regulations in force in the way in which his/her personal data is being processed, he/she shall have the right to effective judicial protection and to file a complaint before a supervisory authority, in particular, in the State in which he/she has his/her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (http://www.agpd.es).

Acceptance and changes to this privacy policy

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. The use of the Website will imply the acceptance of the Privacy Policy of the same.

www.surfcityelsalvador.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 Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated on October 21, 2019 to adapt to 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).

V. COOKIES POLICY

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, more user-friendly, and do not damage the browsing device.

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

Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s 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 be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, for the use of these cookies, the consent of the User will be necessary. This consent will be communicated, on the basis of a genuine choice, offered by means of an affirmative and positive decision, before the initial processing, removable and documented.

Personal Cookies

Cookies are sent to the User’s computer or device and managed exclusively by www.surfcityelsalvador.com for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow users to recognize the User as a recurrent visitor of the Website and to adapt the content to offer him/her contents that adjust to his/her preferences.

Third Party Cookies

These cookies are used and managed by external entities that provide www.surfcityelsalvador.com with services requested by www.surfcityelsalvador.com to improve the Website and the user’s experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and to analyze browsing 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 place where the IP address from which the User accesses, the number of Users who access, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer the Users a Content and/or service of optimum quality. In any case, the information is collected anonymously and Website trend reports are prepared without identifying individual users.

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiration period, etc. in the following link(s):

Google Analytics: https://developers.google.com/analytics/?hl=es

The entity(ies) in charge of providing cookies may transfer this information to third parties, if required by law or if a third party processes this information for such entities.

Social Network Cookies 

www.surfcityelsalvador.com incorporates social network plugins, which allow access to social networks from the Website. For this reason, social network cookies may be stored in the User’s browser. The owners of these social networks have their own data protection policies and cookies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them for information about these cookies and, where appropriate, the processing of personal data. For information purposes only, the links where you can consult these privacy policies and / or cookies are indicated below:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/es/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Youtube: https://policies.google.com/privacy?hl=es-419&gl=mx

Google+: https://policies.google.com/technologies/cookies?hl=es

Pinterest: https://policy.pinterest.com/es/privacy-policy

LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – in whole or in part – installed on their device by configuring their browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Website, although the use of some of its features may be limited.

Changes to the Cookie Policy

It is possible that the Cookies Policy of the Web Site may change or be updated, so it is advisable that the User reviews this policy each time you access the Web Site in order to be properly informed about how and why we use cookies.

VI. LINKS POLICY

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

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.

www.surfcityelsalvador.com does not offer or commercialize by itself or through third parties the products and/or services available in such linked sites.

Likewise, www.surfcityelsalvador.com does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which can be accessed through the links.

www.surfcityelsalvador.com shall in no case review or control the content of other web sites, nor approve, examine or make its own the products and services, contents, files and any other material existing in the referred linked sites.

www.surfcityelsalvador.com does not assume any responsibility for the damages that could be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of the web sites not managed by www.surfcityelsalvador.com and that are linked in this Web Site.

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

The reproduction – totally or partially – of any of the Contents and/or Services of the Website is not allowed without the express authorization of www.surfcityelsalvador.com.

No false, inaccurate or incorrect statement about the Website, nor about the Contents and/or Services of the Website is allowed.

With the exception of the hyperlink, the website in which such hyperlink is established shall not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by www.surfcityelsalvador.com.

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

VII. INTELLECTUAL AND INDUSTRIAL PROPERTY

www.surfcityelsalvador.com itself or as an assignee, owns all 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 text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, applying to both Spanish and Community regulations in this field, as well as international treaties relating to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of www.surfcityelsalvador.com, are expressly prohibited.

The User undertakes to respect the intellectual and industrial property rights of www.surfcityelsalvador.com. The User may visualize the elements of the Web Site or even print, copy and store them in the hard disk of his/her computer or in any other physical support as long as it is exclusively for his/her personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In case the User or third party considers that any of the Contents of the Web Site supposes a violation of the rights of protection of the intellectual property, it will have to communicate it immediately to www.surfcityelsalvador.com through the contact data of the section of GENERAL INFORMATION of this Legal Warning and General Conditions of Use.

VIII. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

www.surfcityelsalvador.com reserves the right to file the civil or penal actions that it considers necessary for the undue use of the Website and Contents, or for the breach of the present Conditions.

The relationship between the User and www.surfcityelsalvador.com will be governed by the regulations in force and applicable in the Spanish territory. If any controversy arises in relation to the interpretation and/or the application of these Conditions the parts will submit their conflicts to the ordinary jurisdiction submitting to the judges and courts that correspond according to right.