01. Introduction
This document aims to establish and regulate the rules of use of the website www.selberry.es (hereinafter, the "Site"), understood as all pages and their contents owned by Frutas Hnos Pulido SL (hereinafter, "F Hnos Pulido"), accessible through the domain www.selberry.es and its subdomains.
Use of the Site grants the user the status of user and implies acceptance of all conditions included in this Legal Notice. Users agree to read this Legal Notice carefully each time they intend to use the Site, as this Notice and its conditions may be modified.
02. Ownership of the Website
The owner of this Site is Frutas Hnos Pulido SL, with Tax ID (CIF) B21355789 and registered address at Polg. Ind. El Corchito, 18 - Apartado de correos, 27 - 21830 Bonares (HUELVA), Spain.
Phone: +34 959 364 237; email: cristobal@selberry.es
Registered in the Mercantile Registry of HUELVA T 696, F 177, S 8, H H11722
03. Intellectual and Industrial Property
The intellectual property rights of this Site belong to F Hnos Pulido or to third parties who have authorized their use.
Unauthorized reproduction, distribution, commercialization, or transformation, whether total or partial, of the Site's content, except for personal and private use, constitutes an infringement of the intellectual property rights of F Hnos Pulido. Similarly, all trademarks or distinctive signs contained on the Site are protected by law. Unauthorized use of the information or any damage caused to the intellectual and industrial property rights of F Hnos Pulido may lead to legal action and liability.
If products from our online store are subject to intellectual property protection, F Hnos Pulido guarantees that it is authorized to manage their acquisition and billing.
04. Disclaimer
Content, programs, information, and advice expressed on this Site are for guidance purposes only. F Hnos Pulido is not responsible for their effectiveness or accuracy and disclaims any contractual or extra-contractual liability with Users. Users should decide at their own discretion the appropriateness of such content.
The Site may include content provided by third parties; F Hnos Pulido is not responsible for their accuracy or truthfulness and disclaims any liability with Users.
F Hnos Pulido reserves the right to modify Site content without prior notice and without limitation. It also declines responsibility for possible damages caused by lack of availability or continuity of the Site or its services.
05. Terms of Use for Users
Access to this Site is free, except for the cost of telecommunications services contracted by users.
F Hnos Pulido is not aware that any linked activity or information is unlawful or damages third-party rights. If any link is found to be unlawful, F Hnos Pulido will act promptly to remove or disable it. No competent authority has declared the data unlawful, ordered its removal, or blocked access.
Use of the Site for purposes harmful to F Hnos Pulido or third parties, or that overload, damage, or disable networks, servers, or software of F Hnos Pulido or third parties, is expressly prohibited. If users become aware of unlawful, harmful, or offensive linked content, they should notify F Hnos Pulido.
06. Personal Data Protection Policy
The Privacy Policy complies with the European Union Regulation 2016/679 (GDPR), and Spain’s Organic Law 3/2018 on Data Protection and Digital Rights (LOPDGDD). It forms part of the general terms governing the www.selberry.es website, along with the Cookies Policy and this Legal Notice.
F Hnos Pulido reserves the right to modify the Privacy Policy at any time, so users are advised to review it regularly. If a user is registered and accesses their account/profile, any substantial modifications regarding their personal data treatment will be notified.
06.01 Who is the Data Controller?
Personal data collected voluntarily through the Website, including browsing data and data provided via contact forms, email, or phone, will be processed by:
Frutas Hnos Pulido SL
Address: Polg. Ind. El Corchito, 18 - Apartado de correos, 27 - 21830 Bonares (HUELVA), Spain
Phone: +34 959 364 237
Email: cristobal@selberry.es
06.02 What are your rights regarding your data?
Any person has the right to obtain confirmation of the existence of personal data processing, access their data, request rectification of inaccurate data, or request deletion when data is no longer necessary or consent is withdrawn. Under certain circumstances, users may request restriction of processing or data portability. Consent may be revoked at any time.
F Hnos Pulido provides forms to exercise these rights.
06.03 What data do we collect through the website?
Users guarantee they are over 14 years old and that the data provided to F Hnos Pulido is true, accurate, complete, and updated. Users are responsible for the veracity and updating of their data and for damages caused by false data.
Data collected includes:
Browsing data: IP address, browser version, operating system, duration of visit, collected via Google Analytics (see Google’s Privacy Policy: http://www.google.com/intl/en/policies/privacy/)
Google Maps location data: Only with user permission, to provide specific directions or distances. Refer to Google Maps Privacy Policy.
Contact form data: Name, email, and any mandatory fields, used to respond to inquiries and retained for 3 years.
Job applications: CVs submitted are stored for 1 year and deleted if no contact is made. Consent is required.
No personal data is shared with third parties, except as required by law or for service provision.
06.04 Cookies
This Site uses cookies to improve the service. Cookies are small data files stored on users’ devices to remember preferences and sessions. Cookies used are not invasive or harmful. More information is available in the Cookies Policy.
06.05 International Data Transfers
If third-party services involved in site operation transfer data outside the European Economic Area (EEA), such transfers comply with EU adequacy decisions or appropriate safeguards like standard contractual clauses.
06.06 How do we protect your data?
F Hnos Pulido applies physical, organizational, and technical measures to safeguard data integrity, confidentiality, availability, and resilience. Staff are trained in data protection duties. Providers are contractually obliged to maintain confidentiality and security.
Security measures are regularly reviewed. Absolute security cannot be guaranteed; in case of data breaches, F Hnos Pulido will investigate, notify authorities, and inform affected users as appropriate.
07. Whistleblowing Channel
In accordance with applicable laws including Spain’s Law 2/2023 and Article 24 of LOPDGDD, F Hnos Pulido provides an internal whistleblowing system for reporting regulatory violations and corruption.
07.01 Purpose of processing
Data collected through the whistleblowing channel will be used exclusively to process reports, investigate facts, manage the system, coordinate compliance, and protect the rights and interests of F Hnos Pulido. This includes prevention of crimes and breaches of corporate rules.
07.02 Legal basis for processing
Processing is based on legal obligations under GDPR Articles 6.1.c), 9.2.g), LOPDGDD Article 8, and Law 2/2023. Voluntary implementation relies on GDPR Article 6.1.e). Special category data processing is conducted under public interest grounds.
0703. Data Recipients
Access to the personal data contained in the Internal Information System of F Hnos Pulido will be limited, within the scope of their competencies and functions, exclusively to:
• The System Responsible and the person directly managing it.
• The data processors that F Hnos Pulido has designated, solely for the purpose of providing the contracted service, following F Hnos Pulido’s instructions, applying strict protection measures, and without being able to use the data for any other purpose or share it with third parties.
• The Data Protection Officer, if one has been appointed.
• Where applicable, the duly designated Human Resources manager of F Hnos Pulido, when disciplinary measures against a worker may be adopted.
• Where applicable, the head of the legal services of F Hnos Pulido, if legal measures related to the facts reported in the communication are to be adopted.
0704. Data Limitation
Under no circumstances will personal data that is not necessary for understanding and investigating the actions or omissions referred to in this protocol be processed; in such cases, it will be immediately deleted. Likewise, all personal data that may have been communicated and that refers to behaviors outside the scope of this Protocol will be deleted.
If the information received contains personal data included within special categories of data, F Hnos Pulido will proceed with its immediate deletion, without registering or processing it.
Under no circumstances do we carry out solely automated decisions that may affect the data subjects in any way, nor are there ulterior purposes for which the data is used.
0705. Data Retention
The data processed may be kept in the information system only for the time strictly necessary to decide whether to initiate an investigation about the reported facts.
If it is proven that the provided information, or part of it, is not truthful, F Hnos Pulido will immediately delete it from the moment this circumstance is known, unless such untruthfulness may constitute a criminal offense, in which case the information will be kept for the duration of the judicial proceedings.
In any case, after three months have passed since the communication was received without any investigation having been initiated, F Hnos Pulido will proceed to delete the data, unless the purpose of retention is to provide evidence of the system’s functioning. Communications that have not been acted upon may only be stored in an anonymized form, and the blocking obligation under Article 32 of the LOPDGDD will not apply.
0706. Exercise of Rights
Data subjects may exercise the rights referred to in Articles 15 to 22 of the EU GDPR under the terms indicated above. However, the right of access exercised by the person affected by a communication is limited to their own personal data. The identity data of the informant will never be subject to the right of access, and the possibility of disclosing such identity is limited only to the judicial authority, the Public Prosecutor’s Office, or the competent administrative authority.
If the person to whom the facts described in the communication refer, or who is the subject of the public disclosure, exercises the right of opposition, it will be presumed, unless proven otherwise, that there are legitimate compelling reasons that justify the processing of their personal data.
0707. Anonymous Communications
To proceed with communications related to the Whistleblowing Channel, the informant is not required to provide their personal data. The Internal Information System of F Hnos Pulido allows the informant to submit a communication anonymously, in which case no personal data is provided.
However, it should be noted that when anonymous communications are submitted, the persons responsible for processing the communication cannot contact the informant to follow up if necessary.
In any case, if the informant provides their personal data, whether in the initial communication or later, all information will be treated with complete confidentiality and strict security controls.
0708. External Information Channel and Public Disclosure
The informant has the right to go directly, or after making a communication through F Hnos Pulido’s Internal Information System, to a public information system (External Channel), managed by a public authority, the Independent Informant Protection Authority (hereinafter “AAI”), or, where appropriate, the regional or European authorities created for such purposes.
Communications to the External Channel may be made anonymously or with the informant’s identity kept confidential, and may be made in writing or verbally.
In this case, the AAI will verify whether the received information falls within the conduct provided in Article 2 of Law 2/2023 on Informant Protection and whether an investigation should be initiated, or if the communication should be dismissed, forwarded to another competent authority for processing, or if it concerns the Public Treasury.
Likewise, as a last resort, the informant may make a public disclosure of the violation they have become aware of if, after having communicated through F Hnos Pulido’s internal channel or the AAI-managed External Channel, appropriate measures have not been taken within the established timeframe, and they consider that there is an imminent danger to the public interest.
08.- Forums, Comments, and Opinions
If sections for Forums, Comments, and Opinions are enabled, those posted by persons outside of F Hnos Pulido will be made under their sole and exclusive responsibility. Participants in the forums agree to use them in compliance with the law, the general conditions set out in this Legal Notice, as well as generally accepted morals and good customs. Forum participants agree to indemnify F Hnos Pulido for any damage or harm caused by their use in violation of these general conditions and/or current legislation. F Hnos Pulido is not responsible for the truthfulness and accuracy of opinions expressed in forums and is exempt from any contractual or non-contractual liability with the person or company using them.
The sending of any content or opinion that violates current legislation and/or legitimate rights of others is prohibited. F Hnos Pulido reserves the right to take appropriate legal measures. F Hnos Pulido reserves the right to admit and/or remove any opinion and/or user without prior notice or any justification or compensation of any kind. F Hnos Pulido reserves the right to modify the text of expressed opinions to adapt them to the characteristics of each specific forum. F Hnos Pulido reserves the right to assign opinions to the section and/or subsection it deems most appropriate.
If you believe that any content and/or information on this site violates a legitimate right or current legislation, we would appreciate that you contact F Hnos Pulido so that we can take appropriate measures.
09.- Legislation
This Legal Notice is governed in all its aspects by Spanish law.
10.- Contact Us
If you have any questions or wish to make any suggestions or recommendations regarding these conditions, please contact us at the following email address: cristobal@selberry.es.
You can request more information about Data Protection at DP-CONTROL: dp-control@dp-control.es.