Legal Advisory

Traducciones:

CONDITIONS OF USE

1) IDENTIFICATION DATA:

In compliance with the obligation to inform as envisaged in section 10 of the Spanish law 34/2002 of 11th of July, regarding the Information Society Services and Electronic Commerce, the following data are detailed as follows: The company that holds ownership of binipreu.es, binipreu.net and binipreu.com (hereinafter, Website) is BINIPREU S.L., with registered office at C/ Borja Moll, nº 45 in Mahon, holder of Spanish VAT number: B57281321 (hereinafter, BINIPREU).

2) USERS:

The access and/or use of the BINIPREU portals confer the condition of USER, who accepts, with said access and/or use, the General Conditions of Use herein. The said Conditions shall be of application regardless of the Terms and Conditions of Business that may be compulsory, where appropriate.

3) WEB PORTAL USE:

The BINIPREU Website provides access to a large amount of digital information, services, programs or data (hereinafter, the content) belonging to BINIPREU or to its licensors, to which the USER can have access. The USER assumes any liability in using the Website. This liability includes the registration that may be necessary to gain access to any particular services or contents. For such registration the USER shall be responsible for supplying true and legal information. As a result of this registration, the USER may be given a password for which he or she shall be responsible, and shall commit him or herself to making proper and confidential use of it. The USER commits to making proper use of the contents and services (for instance chat services, discussion forums or newsletter groups) offered by BINIPREU through its Website. Likewise he or she commits, in an expository manner but not limited to such, to at no time make use of such services in order to (i) incur any illicit or illegal activities, or any that be considered contrary to good faith and public order; (ii) to spread contents or propaganda of a racist, xenophobic, pornographic or illegal nature, or defending terrorism or contents violating human rights; (iii) to cause damages to the physical and logistical systems of BINIPREU, its suppliers or third parties, to introduce or spread any computer viruses or any other physical or logistical systems that may be liable to cause any of the aforementioned damages; (iv) to intend to gain access and, if appropriate, to use the e-mail accounts of other users and alter or manipulate their messages. BINIPREU reserves the right to remove all those comments and contributions that may disrespect any person's dignity, that may be discriminatory, xenophobic, racist, and pornographic, that may violate the rights of minors, public order or security or that may be deemed unsuitable to be published. In any case, BINIPREU shall not be liable for the opinions published by users in forums, chats or other contributing means.

4) DATA PROTECTION:

BINIPREU complies with the regulations of Spanish Organic Law 15/1999 of 13th December regarding Personal Data Protection, Royal Decree 1720/2007 of 21st of December, by virtue of which the Regulations on development of the Spanish Organic Law are approved along with other rules in force at that time, and is responsible for guaranteeing correct use and handling of the user's personal data. Hence, along with any form aimed to collect personal data, with regard to those services that the USER may request from BINIPREU, the USER shall be informed of the existence and acceptance of the particular terms and conditions regarding the handling of his or her personal data in each case. He or she shall be informed of the responsibility of the file created, the responsible person's address, the capacity to exercise his or her rights of access, rectification, cancellation or opposition, the object of such handling and the data notification to third parties, when appropriate.  Likewise, BINIPREU informs that it complies with Spanish law 34/2002 of 11th of July on Information Society Services and Electronic Commerce, hence requesting consent to handle your e-mail with commercial purposes in each particular moment.

5) INTELLECTUAL AND INDUSTRIAL PROPERTY:

BINIPREU, in its own right or as a licensor, is the owner of all the intellectual and industrial property rights of its web sites, as well as of any elements contained in them (for instance, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of used materials, computer software necessary for its operation, access and use, etc.), owned by BINIPREU or by its licensees. All rights reserved. By virtue of Sections 8 and 32.1, second paragraph, of the Spanish Intellectual Property Law, the reproduction, distribution and public communication, including making it available, of the entirety or part of the contents of this Website with commercial purposes is expressly prohibited on any storage medium and by any technical means, without the authorisation of BINIPREU. The USER commits to respect the Intellectual and Industrial Property rights owned by BINIPREU. You shall be entitled to see the Website elements and even print, copy and store them in your computer's hard drive or on any other physical medium as long as this is without exception for your personal and private use only.  The USER shall not delete, alter, avoid or manipulate any device of protection or security system that may be installed to the BINIPREU websites.

6) EXCLUSION OF WARRANTIES AND LIABILITY:

BINIPREU shall in no case be liable for damages of any kind that may be caused by, for instance: mistakes or omissions in the contents, any lack of availability of the portal or the spreading of viruses or malware that may damage the contents, despite having adopted all the technological measures necessary to avoid such.

7) MODIFICATIONS:

BINIPREU reserves the right to make any modifications deemed necessary to its Website without prior notification; hence it may change, delete or add both contents and services rendered through such Website as well as the their appearing or location within the Website.

8) USE OF COOKIES:

BINIPREU podrá utilizar cookies para personalizar y facilitar al máximo la navegación del USUARIO por su Site. Las cookies se asocian únicamente a un USUARIO anónimo y su ordenador y no proporcionan referencias que permitan deducir datos personales del USUARIO. El USUARIO podrá configurar su navegador para que notifique y rechace la instalación de las cookies enviadas por BINIPREU, sin que ello perjudique la posibilidad del USUARIO de acceder a los Contenidos.

9) LINKS:

In the event that the Website should include links or hyperlinks to other Internet sites, BINIPREU shall not exercise any kind of control over these sites or their contents. In no case BINIPREU shall assume any liability for contents of any links belonging to a third website, or guarantee the technical availability, quality, reliability, accuracy, range, truthfulness, force and constitutional nature of any material or information whatsoever contained in any of these hyperlinks or other Internet websites. Likewise, the inclusion of these external connections shall not imply any kind of association, union or participation with the connected entities or companies.

10) EXCLUSION RIGHTS:

BINIPREU reserves the right to deny or withdraw access to its Website and/or its services without prior notification at its own request or that of a third party, to those users who breach these General Conditions of Use.

11) GENERAL ISSUES:

BINIPREU shall persecute the non-compliance of these conditions as well as any incorrect use of its Website and shall take any civil or criminal actions relevant by law.

12) MODIFICATION OF THESE CONDITIONS AND DURATION:

BINIPREU shall be entitled at any time to change the terms and conditions herein, being duly published as appear herein. The effect of the said terms and conditions shall depend on their publication and shall be in force until any updates or modifications are duly published.

13) APPLICABLE LAW AND JURISDICTION:

The relationship between BINIPREU and the USER shall be governed by the Spanish regulations in force, and any disputes shall be submitted to the Courts and Tribunals of the city of Madrid (Spain).              

PRIVACY POLICY

Data protection

1. BINIPREU, S.L., with registered office at C/ Borja Moll nº 45 in Maó, holder of Spanish VAT number: B57281321 (hereinafter, BINIPREU) and on the contact form, as general proprietor of this Website (Binipreu.com/.net/.es) and responsible for the electronic files related to it, guarantees full compliance of the obligations envisaged in the Spanish Organic Law 15/1999 of 13th of December, on Personal Data Protection, as well as with regard to those included in its Development Regulations, approved by the Spanish Royal Decree 1720/2007 of 21st of December (hereinafter, LOPD and RLOPD) and further rules of application.

2. The purpose of this statement is to inform users regarding the personal data protection policy applied by BINIPREU. It shall be of application when users decide to fill in any BINIPREU form where personal data may be collected, without detriment to what is envisaged in the Privacy Provision applicable to each particular form.

3. BINIPREU is entitled to change this Privacy Policy depending on legal or self-regulatory requirements; therefore periodic consultation is suggested.

4. BINIPREU is fully aware of the use and handling that must take place regarding the personal data that may be required or that may be obtained from users through its websites with the object of managing our services or in order to send commercial communications regarding products or services that may be of your interest.

5. BINIPREU shall adopt the technical and organisational measures necessary to guarantee the security of all personal data in order to prevent any alteration, loss, unauthorised handling or access, taking into account the technological conditions according to the regulations envisaged in the RLOPD. Nevertheless, BINIPREU cannot guarantee total invulnerability of the Internet as a whole, and hence cannot secure the breach of the data through fraudulent access by third parties.

6. Some services offered by BINIPREU to its users use cookies. Cookies are small text files that a server can save in the hard drive of a computer in order to store any kind of information about the user. Cookies can only be read by the Website that sent them to the computer. It is not an executable file so it cannot contain or spread any viruses. BINIPREU uses this data so as to improve its services.  The information stored by BINIPREU through this mechanism allows for recognition of the user during different visits to the Website. The user can organise his or her browser in order to accept or refuse cookies; however BINIPREU recommends and hopes that you will accept these cookies so as to obtain more accurate data in order to improve the contents and organize them according to the user's preferences. BINIPREU shall not be liable for any incorrect operation of the Website caused by the refusal or deactivation of cookies.

7. Users shall be liable for the accuracy or provided data and shall be responsible for notifying BINIPREU regarding any change in their personal data; therefore BINIPREU shall be free of any liability thereto.

8. Users are provided with and may exercise their rights of access, cancellation, rectification and opposition, upon written notification sent to the said addresses in each case, as detailed in paragraph 1, in which they shall identify and explain their request. When appropriate, they shall supply a copy of their personal identification card or any similar document.

9. BINIPREU, by virtue of Spanish law 34/2002 of 11th of July, on Information Society Services and Electronic Commerce, shall in no case send advertising and notifications of a commercial nature to users unless they have previously requested so or given their consent. Likewise, it shall not send any messages that are not previously requested or without consent or send chain e-mail that are not requested or without previous consent.

10. BINIPREU informs the users that, in the event they have requested the delivery of commercial messages or alerts, they shall be able to cancel these communications following the instructions detailed in each case or by written notice through the contact form.

11. With regard to the personal data of children under 14 years old, BINIPREU shall at no time use this data for inappropriate purposes regarding the minor. BINIPREU shall provide parents or guardians the chance to exercise their rights of access, cancellation, rectification and opposition to their children's data and recommends that minors ask their parents before providing any data.  

© BINIPREU, S.L. 2013.

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