Legal advice

LEGAL INFORMATION

Article 10 of Law 34/2002, of July 11, on Information Society and Electronic Commerce Services, establishes that the information society service provider shall be obliged to have the means to provide for both the recipients of the service and the competent bodies access by permanent, easy, direct and free electronic means to the following information:

Domain name: https://www.promueve3.com/en/

e-mail: promueve@promueve3.com

Owner: PROMUEVE, S.L., company with registered office in Portuetxe 53B, Local 5, 20018, Donostia San Sebastián, Gipuzkoa, ESPAÑA-SPAIN, registered in the Mercantile Registry of GIPUZKOA, volume 2677, page 182, sheet SS-37194, INSCRIPTION 1st, in date 19-09-2014. (hereinafter, "PROMUEVE").

TERMS OF USE

Scope, purpose and scope

These provisions (hereinafter, the "TERMS OF USE"), regulate the access and use of the web page service that PROMUEVE makes available to Internet Users (hereinafter, the "USER/S") through the domain https://www.promueve3.com/en/ (hereinafter, the "WEBSITE").

Notwithstanding the foregoing, access to certain content and the use of some of the services that PROMUEVE makes available to the USER through the WEBSITE may be subject to certain specific conditions (hereinafter, the "SPECIAL CONDITIONS") that, as the case may be, shall replace, complete and/or modify these TERMS OF USE and that, in case of any discrepancy, shall take precedence over the latter. These SPECIFIC CONDITIONS, when applicable, shall be available to USERS on the WEBSITE itself.

Consequently, before accessing the aforementioned contents and/or using the aforementioned services, the USER must read carefully and, if applicable, accept the SPECIFIC CONDITIONS that regulate them in the version published at the time of the aforementioned access and/or use.

PROMUEVE reserves the right to perform, at any time and without need for any notification, any modification or update of the contents of these TERMS OF USE, as well as, where appropriate, the respective SPECIFIC CONDITIONS and, in general, of all features that comprise the design and set-up of the WEBSITE.

The TERMS OF USE published in the last update of the WEBSITE shall apply, those that are published at that time on the WEBSITE itself being applicable on each visit.

The USER, through access to the WEBSITE consents and accepts, expressly and without reservation, these TERMS OF USE under which the use of the website is regulated, the aforementioned acceptance having the same validity and efficacy as any contract signed in writing. In the event that the USER does not fully accept these TERMS OF USE, he or she shall not be authorized to access the WEBSITE.

USER Registration and password

When the use of the WEBSITE and/or access to certain content and/or services made available by PROMUEVE through it require the registration of the USER, the latter shall be responsible for providing truthful and legal information for this purpose.

By means of this registration, which shall be processed in the manner stipulated at that time by PROMUEVE for such a purpose, the USER shall be assigned (i) an identifier “log”; and (ii) a password, which will allow the user to start the session, at any time, as a registered user of the WEBSITE.

The USER shall be obliged to use the ID and password assigned to him or her carefully and shall be responsible for the proper custody and confidentiality of these, pledging not to assign its use to third parties, either temporarily or permanently, and not allowing others to access it.

In case of theft, loss or non-authorised access of the ID and password, the USER shall be responsible for immediately notifying PROMUEVE of such circumstance in order that the latter may proceed with cancellation. In no event shall PROMUEVE be responsible for the actions taken by unauthorized third parties that use the USER’s ID and password as long as the aforementioned USER notification does not occur.

Economic conditions of access and use of the WEBSITE

Unless otherwise stipulated in the SPECIFIC CONDITIONS, access to the WEBSITE and its contents are free, except for the cost of connection to the telecommunications network that the USER has contracted with his or her supplier.

Industrial and Intellectual Property Rights

All Industrial and Intellectual Property rights on the WEBSITE are legally reserved and access to them or their use by the USER, should not be considered under any circumstances as the granting of any license of use or right on any asset whose ownership or holding refers to PROMUEVE and/or any third parties. This reservation of rights applies to both (i) the external appearance (look and feel) and the code, design and navigation structure itself of the WEBSITE; and (ii) the contents that under any format can be included and distributed through the WEBSITE and, in particular, to any catalogues, programmes and posters that PROMUEVE includes on the WEBSITE.

The inclusion on the WEBSITE of references to trade names, trademarks, logos or other distinctive signs, whether registered or not, whether they are owned by PROMUEVE or by third parties, is subject to the prohibition of their use without the express consent of PROMUEVE or its legitimate owner.

As a result, the USER may only view and use the contents and services made available through the WEBSITE of a strictly personal and private nature, and provided that this is not for the purpose of developing commercial or professional activities with such content and/or services.

It is also forbidden to decompile, disassemble, reverse engineer, sublicense or transmit in any way, translate or perform works derived from the computer programs necessary for the operation, access and use of the WEBSITE. The USER must refrain in any event from deleting, altering, evading or manipulating any protection device or security systems that may be installed on the WEBSITE.

Liability and guarantees

Users using this WEBSITE do so on their own account and risk. The USER, by accessing the WEBSITE, undertakes to (i) not engage in any conduct that could damage the image, interests and rights of PROMUEVE or third parties or that could damage, disable or overload the WEBSITE or prevent, in any way, the normal use thereof; and (ii) use it in a manner that is fully in accordance with the Laws and uses of traffic.

Consequently, the USER shall be liable, against PROMUEVE and/or third parties, for any damages that may be caused as a consequence of the breach of these obligations.

PROMUEVE adopts the security measures it deems relevant in order to maintain the correct functioning of the WEBSITE and detect the existence of viruses and harmful components. However, the USER must be aware that the security measures of the computer systems on the Internet are not entirely reliable and that PROMUEVE cannot therefore guarantee (i) the continuous availability of the contents and services stored on the WEBSITE; (ii) the absence of errors in the aforementioned contents or the correction of any defect that may occur; (iii) the absence of viruses or other harmful elements that may cause alterations in the USER’s computer systems (software and hardware) or their electronic documents and files contained therein; nor (iv) the infallibility of the security measures adopted.

Similarly, PROMUEVE reserves the right to partially or totally interrupt the service, temporarily or permanently, in the event of technical changes or breakdowns, and shall provide prior notification of this, if possible, through the WEBSITE or through any other means enabled for this purpose.

LINKS

Linked sites

Through the WEBSITE, PROMUEVE provides access to technical link devices (such as buttons, links and banners) for the USER, which may lead the USER to other sites or Internet portals belonging to/or managed by third parties and over which PROMUEVE does not exercise any type of control (hereinafter, the "LINKED SITES").

The USER must take into account that when using such linking devices and accessing the LINKED SITES from the WEBSITE, these TERMS OF USE will no longer apply.

PROMUEVE does not know on any kind of the contents and services included in the LINKED SITES, and the inclusion of an access to them through the WEBSITE does not imply (i) that PROMUEVE recommends or approves the contents and services hosted on the SITES LINKED; and/or (ii) there is some type of relationship, collaboration or dependency between PROMUEVE and the person responsible for the LINKED SITE.

As a result, PROMUEVE does not assume any responsibility for the LINKED SITES and, for therefore, its operation has no authority over the contents and services housed in them or the links contained in their LINKED SITES.

In the event that the USER had effective knowledge of the illegality or inadequacy of the contents, services or any other activities developed through a LINKED SITE, he or she must communicate this immediately to PROMUEVE so that, if appropriate, the latter may adopt the measures it deems appropriate.

Hyperlinks

The establishment of hypertext links (hyperlinks) in other sites or web pages is authorized, provided they are directed to the homepage of https://www.promueve3.com/en/, or, where applicable, to any other internal page (deep link) of the WEBSITE and if the respective pages appear in a complete window and under their respective URLs, the total responsibility and risk that may arise from establishing the hyperlink to the WEBSITE being undertaken.

It cannot be declared in any way on website or web page that establishes the hyperlink that PROMUEVE has authorized that hyperlink, unless PROMUEVE had done so expressly and in writing.

If the third party that adds the hyperlink on its website or web page wishes to include on it the brand, name, trade name, label, logo or any other identifying feature owned by PROMUEVE and/or referring to the WEBSITE, it must have prior and express authorization in writing from PROMUEVE.

Notwithstanding the foregoing, it is expressly prohibited to submit a page of the website https://www.promueve3.com/en/ in a window of another website that does not belong to PROMUEVE using the technique called "framing", unless it has the express consent of PROMUEVE.

Similarly, the insertion of any type of content disseminated through https://www.promueve3.com/en/ is expressly prohibited in another site or web page other than the WEBSITE using the technique called "in line linking", if this does not have the express consent of PROMUEVE.

The establishment of a hyperlink in accordance with the aforementioned conditions shall not imply the existence of relations between PROMUEVE and the owner/party responsible for the website or web page in which the hyperlink is established, nor the acceptance or approval by PROMUEVE of its contents and/or services.

In any case, PROMUEVE reserves the right to prohibit or disable at any time any hyperlink to the WEBSITE, especially where the activity and/or contents of the website where the hyperlink has been inserted are unlawful.

PRIVACY POLICY PROTECTION OF PERSONAL DATA

PROMUEVE, S.L. undertakes to process the personal data provided by the users of this website with the utmost respect for the rights of their owners and in accordance with the data protection regulations in force at any given time.

The contact forms, documentation request forms, newsletter subscription forms, the private area and other areas on the website where services are provided to users require users to provide their personal data in order to manage the service requested. Each online data collection form has a link to the Data Protection Policy, which must be expressly accepted by ticking the relevant box after filling in the form and before the sending process can be completed.

The content of the data protection policy may be modified to adapt it to possible changes in legislation, as well as to the criteria and positions issued by the competent authorities.

Users may exercise their right to request access, rectification, erasure, objection, restriction of processing, data portability and objection to specific automated decisions by sending an e-mail to promueve@promueve3.com or by sending a letter to the mailing address specified above.

The USER has detailed information about the processing of their personal data by PROMUEVE in the following link.

COOKIES POLICY

The WEBSITE uses cookies files and/or other storage devices and similar data recovery.

PROMUEVE has established a "Cookies Policy" that is accessible through the following link.

APPLICABLE LEGISLATION AND JURISDICTION

These TERMS OF USE are subject to the Spanish body of law.

For the resolution of any conflict that may arise from access to the WEBSITE, its contents and/or the services that PROMUEVE makes available to the USER through the WEBSITE, the USER and PROMUEVE shall expressly submit to the jurisdiction and competence of the Courts and Tribunals of Tolosa, renouncing any other general or special jurisdiction that may apply.