LEGAL NOTICE

I.- Informative Data:

The Internet Domain loroparque-fundacion.org is owned by the commercial entity “LORO PARQUE FUNDACIÓN”, entity registered in the Mercantile Register of Santa Cruz de Tenerife, sheet TF-535, domiciled in Avenida Loro Parque, s/n, 38400, Puerto de la Cruz, Santa Cruz de Tenerife, Spain, with C.I. Fiscal Number G38361903 and Telephone (+34) 922 373 841 (ext.: 281)  E-mail: [email protected]

Is governed by Law 2/1998 on Canary Islands Foundations of the Spanish Constitution.

Copyright © LORO PARQUE FUNDACIÓN, Puerto de la Cruz (Santa Cruz de Tenerife), 2013.

ALL RIGHTS RESERVED:

The reproduction, distribution, making available, public communication and use, in whole or in part, of the contents of this website, in any form or manner, without prior, explicit and written authorisation, including, in particular, its mere reproduction and/or making available as summaries, reviews or press reviews for commercial or directly or indirectly lucrative purposes, to which express opposition is expressed, is prohibited. The domain name of this website, loroparque-fundacion.org, is exclusively owned by LORO PARQUE FUNDACIÓN, therefore, the improper use of that domain for commercial purposes would be an infringement of the rights conferred by registration and will be pursued by the means provided by law.

The use by the user of the services contained in the loroparque-fundacion.org website implies the explicit acceptance of the following

II.- General Conditions of Sale and Services:

a.- OBJECT:

Users must read these General Conditions of Use of this Website. The use or access to this site implies knowledge and full agreement with the legal warnings and conditions specified below. If you do not agree with the same, please do not access or use this website. These general conditions (hereinafter the “General Conditions”) regulate the use of all Website services —loroparque-fundacion.org— web pages established and owned by LORO PARQUE S.A. and users can contact the address listed at the beginning of this document:

By the sole use of this website the user fully and unreservedly accepts these terms and conditions, which may be modified at any time by LORO PARQUE S.A. Users are also subject to all those special conditions, notices or regulations of instructions that are brought to their knowledge in relation to specific content or services, which complement the provisions of these Terms and Conditions.

b.- CAPACITY:

The user and/or consumer declares that he/she is of legal age (over 18 years of age) and has the legal capacity required to purchase the services offered by the supplier on the loroparque-fundacion.org websites and declares that he/she accepts to be bound by this agreement and understands and fully accepts the conditions set out herein to use these websites and to purchase the services offered.

c.- USE BY THE USER:

The user undertakes to use the Website and the services in accordance with the law, these General Conditions, morality, proper conduct, and public order. Therefore, he/she will refrain from using the Website or its services for illicit purposes, in breach of these General Terms and Conditions or in any way that may damage or render them unusable. Likewise, and unless prior explicit authorisation for this purpose by LORO PARQUE S.A., the user will refrain from using the Website or its services for illicit purposes, in breach of these General Conditions or in any way that may damage the rights and interests of third parties or that may in any way damage or render them unusable. The user will refrain from obtaining or attempting to obtain any type of content, whether text, graphics, drawings, sound files, images or photographs, videos, software and in general any kind of material accessible through the Website or services, using means other than those that have been made available for this purpose or those that are commonly used for this purpose on the Internet.

d.- FREE NATURE OF THE SERVICES:

This Web Portal is accessible through the address loroparque-fundacion.org, and its use by the user is free of charge, therefore, viewing it does not require any subscription or registration. However, the purchase of certain services or products may require the User to register on the website and the prior acceptance of certain conditions that complement and expand on these General Terms and Conditions.

e.- APPLICABLE LEGISLATION AND JURISDICTION:

The user or consumer hereby declares that he/she accepts that the applicable legislation for the operation of this service is Spanish, as this is the permanent address of the service provider, therefore, the services provided here are regulated in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and any other regulations in this regard.

Likewise, the Judges and Courts of the domicile of the service provider, i.e., Puerto de la Cruz, shall be competent to hear any controversy arising or deriving from the interpretation of these conditions.

f.- DATA PROTECTION POLICY:

The user and/or consumer, in order to be able to engage the different services offered by LORO PARQUE FUNDACIÓN, as well as to receive newsletters from the Park, must register the requested information as a customer, declare that all information provided at the time of registration is true, complete and accurate and, in accordance with Royal Decree 1720/2007 of 21 December 2007 approving the Development Regulation of Law 15/1999, of Protection of Personal Data, and Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016; the person who registers EXPLICITLY AUTHORIZES loroparque-fundacion.org to include in an automated file the personal information contained in the form fields as necessary for the proper delivery of its services. We hereby state that the party responsible for the database is the commercial entity LORO PARQUE FUNDACIÓN, whose data have been provided at the beginning of these General Conditions of Sale, for the purposes of exercising the rights of access, rectification, suppression, limitation, cancellation, and opposition provided for in the Law and Regulations (EU). Likewise, you EXPLICITLY AUTHORISE the communication of said data to third parties when necessary for the adequate provision of the services contracted, always in accordance with the legislation in force.

g.- CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS:

The user explicitly consents to receive electronic communications containing advertising and commercial news from LORO PARQUE FUNDACIÓN and the products or services it markets or promotes. In any case, LORO PARQUE FUNDACIÓN makes available to users and / recipients the means of contact referred to in these conditions of sale, so that they can at any time revoke their consent and oppose the processing of their personal data for promotional purposes, in accordance with the provisions of art. 7. 3 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, by sending an e-mail to [email protected] or [email protected]; or to the postal address Av. Loro Parque, s/n, 38400 – Puerto de la Cruz (Santa Cruz de Tenerife), being required to present proof of identity for this purpose.

h.- ACCURACY OF INFORMATION AND DISCLAIMER:

All information on products, services and prices offered on our website is provided clearly and accurately. Likewise, LORO PARQUE FUNDACIÓN makes the necessary efforts within its means to offer the information on the page truthfully and without typographical errors. In the event of any typographical or graphical error or misprint of this type at any time, beyond the control of LORO PARQUE FUNDACIÓN, it will be immediately corrected, and LORO PARQUE FUNDACIÓN declines any responsibility for this matter.

Disclaimer:

h.1.- For the contents and operation of the Website:

LORO PARQUE S.A. does not guarantee the availability and continuity of the operation of the Website, its services, and contents. If reasonably possible, LORO PARQUE S.A. will give prior notice of any interruptions in the operation of the same. LORO PARQUE S.A. is not responsible for damages of any nature that may be due to the lack of availability or continuity of the Website or any of its services, or for any failure to access the different web pages of the Website or those from which certain services are provided.

h.2.- For the use of the Website and services by users:

LORO PARQUE S.A. is not bound by, nor does it control the use of the Website and its services by users and therefore does not guarantee that their use is carried out in accordance with the law, these General Conditions and, where appropriate, any other conditions that may be established. LORO PARQUE S.A. is not responsible for damages of any nature that may be due to the incorrect, inappropriate, or inadequate use that users make of the Website or its services.

h.3.- For own content:

Disclaimer of liability for the own content:

The contents of all kinds included in the web pages of the Website are provided in good faith by LORO PARQUE S.A. with information from both internal sources (own development) and external to the company. Due to this fact and the vast amount of information available, LORO PARQUE S.A. does not guarantee the full accuracy or updating of the data or texts available, although it employs its best efforts to do so. LORO PARQUE S.A. does not guarantee the usefulness of the Website or its services for any specific activity or the suitability of the contents included in the web pages of the same for particular purposes, so that both access to the pages, and the use of information, content and services is done under the sole and exclusive responsibility of the user. LORO PARQUE S.A. warns that the images that appear on the Website are only for guidance and do not imply any contractual obligation. The information, presentation, and services offered on this site may be subject to periodic or occasional changes at the sole discretion of LORO PARQUE FUNDACIÓN without being required to notify users.

h.4.- For Third Party content:

The information, whether proprietary or from third parties that appear on the website -loroparque-fundacion.org- is provided without any kind of guarantee regarding its accuracy and updating, therefore, LORO PARQUE S.A. is in no way responsible, either directly or indirectly, for any content, information, communication, opinion or statement of any kind that originates from the user or any third person or entity and that is communicated, disseminated, transmitted or exhibited through the Website’s services.

h.5.- Errors

Regarding the above, the documents published may contain technical inconsistencies or involuntary typographical errors, for which LORO PARQUE FUNDACIÓN is not responsible. In any case, we apologise for these errors and undertake to correct them as soon as possible.

i.- SECURITY:

LORO PARQUE FUNDACIÓN makes its best efforts to have the security systems required by law, in order to prevent access to our databases by third parties, therefore, the sending and forwarding of data made by the user through our website or the information he/she sends, is protected with electronic security technology on the network to ensure the secrecy of user communications, as well as appropriate levels of protection of personal data.

j.- COOKIES:

LORO PARQUE S.A. uses cookies when a user browses the sites and web pages of the Website. Cookies are used to identify the user, follow their browsing behaviour during visits and get to understand them better in order to speed up the provided service. Cookies are only linked to an anonymous user and do not allow access to personal information or data from the hard drive of the user’s computer. Most browsers automatically accept cookies, but users can set their browsers to notify them when cookies are received or to not accept them, without this preventing them from accessing the Website’s web pages.

k.- KNOWLEDGE AND ACCEPTANCE:

The procurement of any service offered by our website, implies knowledge and explicit acceptance of these terms and conditions. The document formalising any possible contracts will be filed in a database accessible only by LORO PARQUE FUNDACIÓN, according to the conditions contained in the “Data Protection” section of the terms of use of this website. Likewise, the client and/or user will be able to identify and correct the errors made when entering the information by notifying LORO PARQUE FUNDACIÓN, as indicated in the Data Protection Policy clause of these terms and conditions.

l.- NULLITY:

If any clause included in these general conditions is declared, in whole or in part, null and ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and ineffective, the general conditions remaining in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included in these general conditions.

DATA PROTECTION POLICY

At “LORO PARQUE FUNDACIÓN” we continue working on privacy in the treatment of your personal data, updating our Privacy Policy to inform about the way we have to collect, use and store all the data of the people who contact us by any means, according to the following sections:

I.- Data controller.

II.- Purposes of data processing.

III.- Storage period of your personal data.

IV.- What is the legitimacy of personal data processing?

V.- Who can have access to your personal data?

VI.- What rights do you have as a user?

VII.- Third party data

VIII.- At what age can the User access our products and services?

IX.- Implemented security measures

X.- Cookies

I.- DATA CONTROLLER.

The interested party (user) who provides “LORO PARQUE FUNDACIÓN” with personal data through social networks or online platforms is informed that the party responsible for the processing of the provided personal data will be “LORO PARQUE FUNDACIÓN”, with C.I.F. A38009023, and domiciled in Avenida Loro Parque, s/n, 38400 Puerto de la Cruz, Santa Cruz de Tenerife. Telephone 922373841 and e-mail address [email protected].

As the data controller, “LORO PARQUE FUNDACIÓN” will expressly request the user’s authorization to this privacy policy.

If the user has any questions about data protection, he/she can contact “LORO PARQUE FUNDACIÓN” and will be promptly assisted.

II.- PURPOSES OF DATA PROCESSING.

Depending on the reason for which the User has contacted us, “LORO PARQUE FUNDACIÓN”, the processing of the data provided will have the following objectives or purposes:

– Manage purchases and requests made by the User through our web pages.

– Contact the User to attend his/her requests, petitions or consultations.

– Provide the User by any means, preferably through commercial communications to the email addresses provided by the User, services, promotions, news and products managed by “LORO PARQUE FUNDACIÓN”.

– Manage and control the client portfolio, attend to service requests and bill and collect payments.

– Carry out promotional activities of companies collaborating with “LORO PARQUE FUNDACIÓN” related only to leisure, tourism, and enjoyment of theme parks, including sending commercial communications to the email address provided by the User.

– Involve the user in promotional activities such as games, contests and prize draws carried out through our website.

– Where appropriate, develop a user profile, allowing a better relationship between “LORO PARQUE FUNDACIÓN” and the user, thus being able to optimize possible offers related to our products and services.

– The collection of CVs for the purpose of personnel selection.

III.- DURATION OF DATA PROCESSING. PERIOD OF TIME OF STORAGE OF YOUR PERSONAL DATA.

The User’s personal data will be stored by “LORO PARQUE FUNDACIÓN” for the legally permitted time depending on the purpose for which the data were provided to us by the User.

The data obtained for promotional activities will be stored for a period of two years, unless expressly revoked in advance by the User.

For the purposes of billing and collection of services, if any, the data will be retained for the duration of the contractual relationship, plus the retention period required by applicable law and until it is deemed to have elapsed the statute of limitations to claim hypothetical contractual responsibilities “LORO PARQUE FUNDACIÓN”

The data obtained for the management of queries and requests will be stored for a maximum period of one year.

The data obtained when participating in promotional activities, such as games, draws and contests, will be retained for the duration of the activities for the purposes of their effective development according to the basis of participation and until the completion of the effects of the user’s participation in them.

The data provided for the purposes of communication and commercial profiles kept by “LORO PARQUE FUNDACIÓN” will not have a maximum period of use, unless the User expressly requests their deletion.

The data relating to curriculum vitae will be kept during the selection process, and one more year.

IV.- WHAT IS THE LEGITIMACY OF PERSONAL DATA PROCESSING?

Personal data provided by the User is ultimately intended to allow “LORO PARQUE FUNDACIÓN” to provide the services offered, and accepted by you, as well as for “LORO PARQUE FUNDACIÓN” to continue to fulfil its legitimate right to grow as a company by building customer loyalty and offering new services and products.

V.- WHO CAN HAVE ACCESS TO YOUR PERSONAL DATA?

Personal data may be transferred to companies that collaborate with “LORO PARQUE FUNDACIÓN”, for the purposes already mentioned, upon express request to the User and his subsequent authorization.

“LORO PARQUE FUNDACIÓN” may transfer or communicate personal data to meet its obligations to the Public Administration when, in compliance with current legislation, it is formally required to do so. In the same way it will do the same when required by the State security forces and the judicial bodies in the exercise of their powers.

VI.- WHAT RIGHTS DO YOU HAVE AS A USER?

All Users shall be entitled to exercise their rights of access, rectification, opposition, deletion, portability, and limitation of the processing of their personal data.

These rights consist of:

Access to all the data we have about the user.

Rectification of the data we already have, considering that by providing us with the data the user guarantees that they are true and accurate and undertakes to notify us of any change or modification thereof. Any loss or damage caused to the Platform or the person responsible for the Platform or any third party by reason of a communication of erroneous, inaccurate, or incomplete information in the registration forms, shall be the sole responsibility of the user.

Deletion of the user’s data if they are not necessary for the purpose of processing or when the user’s legitimacy or permission is no longer available.

Limitation of the processing of user data. The user may ask us to temporarily suspend the processing of the data or to keep them longer for when they may need them.

Opposition to the processing of user data, which may be exercised in the following cases: (i) When the data is processed based on a public interest mission or legitimate interest, including profiling. (ii) When the purpose of the processing is direct marketing, also including profiling.

Similarly, the User may refuse the automated processing of personal data collected by “LORO PARQUE FUNDACIÓN”.

Users’ rights may be exercised through the means of contact listed in section “I” of this Privacy Policy.

If you do not agree with the treatment that “LORO PARQUE FUNDACIÓN” gives the User in the exercise of their rights, you can complain to the Spanish Data Protection Agency and any other competent control entity.

The User may exercise the aforementioned rights or revoke the consents of treatment given to “LORO PARQUE FUNDACIÓN” or ask for any clarification by sending an explicit request to the email address [email protected], proving to be the owner of the data on which he/she wants to exercise his/her rights.

VII.- THIRD PARTY DATA

If personal data is obtained from third parties other than the User, they will be previously informed of the content of art. 14 of the General Data Protection Regulation.

VIII- AT WHAT AGE CAN THE USER ACCESS OUR PRODUCTS AND SERVICES?

As a general rule and in accordance with the new General Data Protection Regulation, Article 8, where Article 6(1)(a) applies in relation to the direct offering of information society services to children, the processing of a child’s personal data shall be considered lawful when the child is at least 16 years old. If the child is under 16 years of age, such processing shall only be considered lawful if and only to the extent that the consent was given or authorized by the holder of parental authority or guardianship over the child.

IX.- IMPLEMENTED SECURITY MEASURES.

“LORO PARQUE FUNDACIÓN” -committed to the legally established obligations regarding personal data- has adopted and will adopt as many control measures as necessary to try to prevent the data provided by users from being altered and / or subjected to unauthorized access or unauthorized treatment. To do this, “LORO PARQUE FUNDACIÓN” keeps the technical and organizational security measures in place to ensure the security of the User’s personal data in accordance with applicable regulations.

X.- COOKIES

“LORO PARQUE FUNDACIÓN” informs Users that when accessing the website Cookies may be sent to their computer according to the methods described in the Cookies policy contained in the conditions of use of the website.