+34 690 714 137

Legal Information

Last Update: Tuesday, September 27th, 2022.

 

1. Website Legal Notice (LSSI)

In compliance with the obligations established in article 10 of Spanish Law 34/2002 on “Information Society Services and Electronic Commerce (LSSICE, or LSSI)”, we hereby inform you that this Legal Notice describes the use of the present website (https://www.cherylosbornpsychotherapy.com, “the website” or “Cheryl Osborn Psicología.com”), which is owned and provided by:

Responsible: Cheryl Osborn
Trademark: Cheryl Osborn Psicología
NIF/CIF: X3686857A
Headquarters: Urb. El Picazo P4, 1º Izq. 28240 Hoyo de Manzanares, Madrid, Spain.
Email: osborncheryl@hotmail.com
Phone: +34 690 714 137
Business Activities: Psychology, Psychotherapy

1.1 Website Use Terms and Conditions

1.1.1 Definition of Users and Purchasers:

“Users” are all visitors accessing and browsing through any of this website pages and sections. Accessing the website implies full acceptance of these Terms and Conditions. Any services offered on this website, as well as all those that might be separately contracted, are covered by their corresponding specific Terms and Conditions, which in general do not necessarily need to match these Website Terms & Conditions.

“Purchasers” are all visitors buying services eventually offered by Cheryl Osborn Psicología through this website.

1.1.2 Reasonable Use of this Website:

All graphical information, written contents, multimedia elements, photographs, images, videos or any other type of digital file formats hosted or embedded in the website (“the contents”) are the intellectual property of Cheryl Osborn Psicología (unless otherwise specified) as is therefore protected by Spanish and international copyright laws.

You are responsible for your use of this website. You can NOT specifically use it for:

  • Perform any illegal or illicit activities, nor those against ethical norms, good faith and public order and safety;
  • Comment, broadcast or distribute racist, xenophobic, pornographic, paedophile or terrorist contents or propaganda, nor publish or disseminate any contents or propaganda against human or civil rights in general;
  • Disseminate fake news, misleading information or spam;
  • Physically, intellectually or morally harm people, nor the Cheryl Osborn Psicología team members, their providers, customers or any other third parties;
  • Introduce or disseminate any computer viruses, malware, rootkits, ransomware or whatever other physical or digital means to cause damage on Cheryl Osborn Psicología’s or third party’s information techology systems;
  • Attempt to breach or crack on Cheryl Osborn Psicología’s or other user’s servers, hosting space, data, email, social media accounts, or accounts of any other kinds, or to manipulate their messages and communications.

Cheryl Osborn Psicología reserves the right to remove all content and/or comments damaging any person’s dignity and privacy rights, those discriminatory, racist, xenophobic, pornographic, paedophilic, terrorist or against youth, children or public order and safety, or any other that she judges as non-adequate. In any case, Cheryl Osborn Psicología will NOT be responsible of any website user’s opinions disseminated via any public opinion platform or tool, nor of any personal comments made on this website or in any other eventual third party services or tools that might be linked from the website.

1.1.3 Intellectual Property:

As previously mentioned, and unless otherwise specified, Cheryl Osborn Psicología is the owner of all intellectual and industrial property rights of the website, as well as of its elements, such as (but not limited to) images, sounds, photographs, videos, software, written contents and texts, graphical information, trademarks, logotypes, colour combinations, visual identity, icons, artistic elements, multimedia files, website structural elements, designs and materials, as well of any software programs required for the website’s functionality, access and usage. It is specifically and explicitly forbidden all kinds of reproduction, distribution, broadcasting and public communication, either complete or partial, of the website’s contents and software systems, on any kind of digital of physical means, formats and platforms, with or without commercial intent, without prior authorisation and confirmation from Cheryl Osborn Psicología, either by physical or electronic means.

As an user, you are allowed to visualize and print such materials and contents, always respecting all Cheryl Osborn Psicología’s copyrights, and exclusively only for your own personal and private use. Users are forbidden to distribute, disseminate or reproduce such contents and materials commercially, nor freely, to any third parties, nor perform any transformation on them. In any case, it is always required to mention Cheryl Osborn Psicología and this website every time such contents and materials are approved for sharing on social media or by other electronic means, without any total or partial modification.

1.1.4 Exclusion of Guarantees and Responsibility:

Cheryl Osborn Psicología has proactively adopted all preventive technological measures at its reach in this website to avoid harms and risks of any kind, like for example content errors and omissions, website system downtime, virus and malware dissemination, or users’ privacy details. Therefore, Cheryl Osborn Psicología can NOT take any responsibility as a consequence of technical failure of such preventive measures, neither from contents, actions, improper use or abuse by visitors or any other third parties.

Users shall refrain from suppressing, altering, eluding or manipulating any website protection mechanisms or security systems in place.

1.1.5 Right of Exclusion:

Cheryl Osborn Psicología reserves the right to deny and remove access to the website, parts of it or any services provided through it at any time, and without previous notice, at its judgement or upon verified third parties’ claims on any users and visitors violating these Terms and Conditions.

1.1.6 Modifications and Updates:

Cheryl Osborn Psicología reserves the right to make any modifications and to apply any website updates deemed necessary without prior notice. All the website contents and services are subject to change, modification, removal, addition, updates or corrections, including any ways of designing, presenting or structuring them.

1.1.7 Hyperlinks:

Cheryl Osborn Psicología has no control of the contents of external websites eventually linked from this website. Therefore, we can’t assume any responsibility of such external contents. Linking to them means no association, endorsement, collaboration, participation, approval, promotion or support by Cheryl Osborn Psicología.

1.1.8 Modification, Updates and Validity of the Present Terms and Conditions:

Cheryl Osborn Psicología can modify, update and change these Terms and Conditions at any time, without any previous notice. These Terms and Conditions will be valid as long as they remain published. In any case, this Legal Information will always state the latest date of update.

1.1.9 Applicable Law and Jurisdiction:

The resolution of any eventual disputes or issues related to this website is governed by Spanish law. The parties expressly submit all conflicts arising from or related to the website use to the Spanish jurisdiction, with the Courts of Madrid, Spain, being the competent authorities for the resolution of these disputes. Cheryl Osborn Psicología reserves the right, at any time, to exercise legal action against any person or entity making inappropriate or unlawful use of the website, or from violation of these Terms and Conditions.

 

2. Privacy and Data Protection Policy (GDPR)

Privacy is important to Cheryl Osborn Psicología. In this Privacy and Data Protection Policy statement we explain which data is collected from the users and how it is processed. We encourage you to read this information thoroughly before sharing any kind of personal data on this website.

On this website, personal data is respected and cared for so, as a user, you must know that your rights are guaranteed at all times. We have put a conscious and comprehensive effort on creating a safe and trustable space, and so we want to also share our principles regarding your privacy:

  • No personal information is requested unless strictly necessary to contact you back or to sell or deliver the services you may purchase.
  • Personal information from our users and customers is never shared with anybody else, except in those instances required by law or unless explicitly and previously approved by the concerned person or entity.
  • Personal information is never used for purposes different to the ones described in this Privacy and Data Protection Policy statement.

This Privacy and Data Protection Policy is subject to change based on the evolution of legal or regulatory requirements, so users and visitors are encouraged to periodically review it. In any case, this Privacy and Data Protection Policy is specifically applicable every time a user fills and submits an online contact form in which personal data is collected.

Cheryl Osborn Psicología has adapted this website to the requirements of Spanish Law 3/2018 on “Protection of Personal Data and Digital Rights Guarantee (LOPD)” and Real Decreto 1720/2007. It also complies with the General Data Protection Regulation (EU) 2016/679 (widely known as GDPR) in European Law, as well as with Spanish Law 34/2002 on “Information Society Services and Electronic Commerce (LSSICE, or LSSI)”.

2.1 Personal Data Controller, Processor and Data Protection Officer:

Responsible: Cheryl Osborn
Trademark: Cheryl Osborn Psicología
NIF/CIF: X3686857A
Headquarters: Urb. El Picazo P4, 1º Izq. 28240 Hoyo de Manzanares, Madrid, Spain.
Email: osborncheryl@hotmail.com
Phone: +34 690 714 137
Business Activities: Psychology, Psychotherapy

As per the European General Data Protection Regulation (GDPR) previously mentioned, the personal data submitted via the website’s online forms will be processed as data from “website users and subscribers”.

2.2.1 For which purposes personal data is collected and processed:

When a user accesses this website, for example to post a comment on the blog, submit an email, subscribe to or contract a service, he or she is providing a certain amount of data of which, as stated above, Cheryl Osborn Psicología is responsible. Such personal data may include things like IP addresses, name, postal address, email address, telephone number, etcetera. When providing such data, the user consents to its collection, processing and storage by Cheryl Osborn Psicología and/or this website, and only for certain purposes.

The purposes of personal data processing are:

  • Potential customers: Manage the potential commerical and>/or professional relationship; send requested information; answer questions; provide service and product offerings.
  • Existing customers: Manage the commerical and>/or professional relationship; provide service and product offerings.
  • Website users and visitors: Analyse and manage website traffic patterns.

The are other purposes for personal data processing in this website:

  • To guarantee compliance with Terms and Conditions and applicable law.
  • To support and enhance the services provided by this website.
  • Some other non-personal identifiable data is collected through cookies downloaded to the visitors’ computers when browsing this website, as detailed in the Cookie Use Policy.

2.2.2 Legal basis for personal data processing:

  • Potential customers: Art. 6.1.b GDPR: precontractual measures upon customer’s request (budgets, purchase orders, service and product offerings, etc.); Art. 6.1.f GDPR: legitimate interest (send any information requested, answer consultations, etc.); Art. 6.1.a GDPR: customer/user consent (service and product offerings).
  • Existing customers: Art. 6.1.b GDPR: precontractual measures upon customer’s request (budgets, purchase orders, service and product offerings, etc.).
  • Website users and visitors: Art. 6.1.a GDPR: customer/user consent (service and product offerings).

In order to process personal data, Cheryl Osborn Psicología has implemented all technical, organizational and security measures available.

2.2.3 Principles of Personal Information Processing:

The following principles apply to personal data processing as per the requirements from the European General Data Protection Regulation (GDPR):

  • Consent will always be requested in order to process personal data collected for the limited specific purposes, about which users will be transparently informed.
  • Only data strictly necessary for the stated purposes will be requested.
  • Any personal data will be retained only as long as necessary for the corresponding purposes. Based on each of those purposes, the user can be informed about the corresponding data retention period. In terms of subscriptions, any eventual distributions lists used will be periodically reviewed and inactive records will be removed from them after a reasonable period of time.
  • Personal data will be processed in a way that guarantees proper integrity, security and confidentiality. Measures have been implemented preventing unauthorized access or improper use of personal data by third parties.

2.2.4 How is personal data collected:

Personal data collected and processed through this website come from:

  • Online contact form;
  • Newsletter subscription form (“the newsletter”), if applicable;
  • Blog post comments, if and when applicable;
  • Ad hoc service and/or product information requests.

2.2.5 What are the rights of any person providing personal data:

Any person has the right to obtain confirmation on whether this website collects, processs and stores his/her personal data, or not, and so he/she also has the right to:

  • Request access to his/her personal data;
  • Request correction or removal of his/her personal data;
  • Request limitations on its processing;
  • Oppose the processing of his/her personal data;
  • Request the data to be ported to other systems or entities.

Such access, correction or removal of personal data can be requested at any time, whenever they aren’t necessary any longer for the stated purposes. Under specific circumstances, users can request the limitation of processing of their personal data. In some cases, such data could be eventually retained for as little time as possible to comply with legal regulations or to process claims.

Also, under specific circumstances and connected to their specific situation, users may oppose the processing of their own personal data. In that case, Cheryl Osborn Psicología will stop data processing unless legally or legitimately required, or in order to process claims. As provider, you have the right to receive a copy of your own personal data that you may have previously provided, in a structured digital or printed format, or to request transfer of such data to the data processing responsible in third parties or entities, whenever:

  • Processing is based on consent;
  • The personal data has been allegedly provided by the same person;
  • Processing is performed through automated means.

When exercising your right to port your personal data, you also have the right to secure that such data transfer is directly performed between responsible stakeholders in both entities, whenever it is technically possible.

Resolution of any disputes or issues related to this website when it comes to personal data can be raised towards the Spanish Data Protection Agency or Agencia Española de Protección de Datos (AEPD).

Cheryl Osborn Psicología does NOT sell, reprocess, share nor transmit any kind of personal data to third parties, nor will it do it in the future without previous consent. However, in some cases Cheryl Osborn Psicología may collaborate with other professionals, in which case it will request consent to share personal data, providing clear information about such collaborator(s) and purpose of the collaboration. Such eventual personal data sharing will always be performed following the strictest security standards at hand.

2.2.6 Anonymized Statistics:

This website may collect browsing statistics consisting of non personal identifiable data such as the approximate geographical location, services and site usage records or other types of data that, in any case, can NEVER be used to identify nor target individual users. This information may only be used to analyse trends, manage and understand the website’s usage patterns and to enhance the services provided and the functionalities of the website.

This website’s statistics management system respects and honours the “Do Not Track“ configuration of visitor’ browsers.

2.2.7 Secrecy and Security of Data:

Cheryl Osborn Psicología, commits to use and process data in this website, including personal data, respecting its confidentiality and according to the stated purpose, storing them safely and using all measures at its reach to avoid alteration, loss, improper processing of leakage, as per applicable data protection law.

This website uses a digital certificate by default with strong encryption (4096-bit RSA, equivalent, or stronger) over the TLS v1.3 security protocol, equivalent, or superior, for bidirectional online data encryption, integrity and security between the server and the user’s browser.

Cheryl Osborn Psicología can NOT guarantee absolute impregnability of Internet communications, and so entirely avoid eventual data access violations through third parties’ fraudulent and/or illegal means are, although unlikely, still possible.

When any eventual security incident occurs, Cheryl Osborn Psicología will diligently inform customers and users about it, and shall provide details about the incident as they are known, including upon customers/users’ request, within reasonable terms.

2.2.8 Accuracy and Veracity of Data:

Users are the sole responsibles for the accuracy and veracity of all data provided to Cheryl Osborn Psicología through this website. Cheryl Osborn Psicología cannot accept any liability or responsibility derived from lack of data accuracy or veracity. By using this website, users commit and accept to provide complete and accurate information.

2.2.9 Acceptance and Consent:

User declare to have been informed about these personal data protection Terms and Conditions and accepts and consents their collection and processing by Cheryl Osborn Psicología by means of this website, in the way and for the purposes described in this Privacy and Data Protection Policy statement.

2.2.10 Revocation:

The aforementioned acceptance and consent of personal data collection and processing by Cheryl Osborn Psicología, as well as eventual transfers to third parties and partners in the terms previously described, can be revoked by the user at any time, just by requesting it to Cheryl Osborn Psicología in the terms also set in this Privacy and Data Protection Policy statement for the exercise of ARCO rights (Access, Rectification, Cancellation and Objection). Such revocations will never apply retroactively in time.

2.2.11 Changes in this Privacy Policy statement:

Cheryl Osborn Psicología reserves the right to modify, update and change the present Privacy and Data Protection Policy statement, for whichever reasons like e.g., adaptation to laws and regulations, alignment to industry best practices, etc. In such cases, Cheryl Osborn Psicología will inform users in advance about the upcoming changes. In any case, this Legal Information will always state the latest date of update of this Privacy and Data Protection Policy statement for informative purposes.

2.2.12 Commercial Email:

In accordance with the Spanish LSSICE law and regulations, Cheryl Osborn Psicología does NOT use “email spam”, and so she never massively sends promotional/commercial emails to people or organizations that have not previously consented to receive such type of communications. Consequently, the corresponding online forms require explicit consent.

2.2.13 Procedure to report illicit behaviours:

Any users, visitors or third parties detecting or suspecting of any illicit use of contents from or activities on the website, shall send a notification to Cheryl Osborn Psicología at abuse@cherylosbornpsychotherapy.com, including their own identity and accurate supporting information about such infractions, so the corresponding actions can be eventually taken.

 

3. Cookie Use Policy

In order to comply with the obligations established in article 22.2 of Spanish Law 34/2002 on “Information Society Services and Electronic Commerce (LSSICE, or LSSI)”, we hereby inform all users voluntarily visiting this website (https://www.cherylosbornpsychotherapy.com) about its browser cookie submission and processing. In fact, visiting the website implies awareness and acceptance of the present Cookie Use Policy by users, visitors and customers.

Additionally, this website also provides visitors with an explicit mechanism, called “Cookie Consent Plugin”, by which they are periodically requested to provide their conformity to website’s cookies or to freely opt out, in compliance with the legal regulations set out at the European Union’s Directive 2009/136/EC (also known as “the Telecoms Package“).

3.1 What are Cookies:

A “cookie” is a piece of information transmitted and stored in plain text by a website, which may be sent to your computer, smartphone, mobile device or other type of terminal and that can be stored in small files on request from the website. They contain information that the website wants your browser to present every time you request a web page from it. In most cases cookies just contain configuration settings that you have made on the website, credentials for login, etc. Cookies are restricted in size to 4 KBytes and they simply just can’t make any harm to your system. They do not have access to essential or confidential parts of your device. Moreover, they have absolutely no relationship per se with viruses, trojans, or any other kind of malicious software designed with destructive purposes.

In this website we use cookies for:

  • Secure that the website runs smoothly;
  • Store the user’s most common website personalization preferences e.g., display language;
  • Understand the user’s browsing experience;
  • Collect anonymized statistical information.

Every time this website sends a cookie to your device, it will ONLY AND EXCLUSIVELY be to handle information for the four purposes stated above. Furthermore, cookies in this website will NEVER be used to personally identify visitors individually.

3.2 Disabling Cookies in Your Browser:

In any case, users will always be able to configure the use of cookies in their browsers, including the possibility to fully or partially disable all cookie use. Disabling cookie use doesn’t impede access to this website, although some services may be limited if cookies aren’t enabled. If a user want to cancel his/her cookie use consent, all cookies shall be removed from the user’s device via the corresponding cookie configuration options in the user’s browser: