LEGAL NOTICE

LEGAL NOTICE

This section includes information about the general conditions of access and use of the website www.indiba.com, of which the user must be aware, for the effects provided for in Act 34/2002 of 11 July, on Information Society Services and Electronic Commerce.

  1. Details of the owner of the website www.indiba.com

Business name: Indiba S.A. (hereinafter, Indiba).
Address: C / Moianès, 13 Pol. Ind. Casablanques 08192 Sant Quirze del Vallès (Barcelona) Spain
Contact number: 93.265.55.22
Registration details: Entered in the Register of Companies of Barcelona. Tomo: 23714, Folio: 44 Sheet B59850
Company Tax Code (CIF): A-08788804

  1. Conditions of access to www.indiba.com

Access to this website is the exclusive responsibility of the users and supposes that the latter know and accept the legal notices, the conditions and terms of use contained herein.

Access to the services offered via the website www.indiba.com is free-of-charge and does not, generally, require the prior subscription or registration of the users, notwithstanding that, in order to access certain services, they may be required to previously fill in a contact form.

If the user does not agree with the content of these general conditions for browsing, they must leave the website and cannot access or use the services offered by the same.

The user guarantees that they are over 14 years old. They also guarantee the veracity and authenticity of the communicated information, where applicable, and are also bound to keep this information up-to-date. And finally, they assume responsibility for any inaccuracy or lack of veracity of the information supplied.

Any links to other websites, as well as the use that the user may make of them, are subject to these general conditions and to any specific constraints required by said websites. Any use other than that which is authorised, is expressly prohibited.

INDIBA S.A. may modify, at any time that it deems appropriate, the configuration of this website, the terms and conditions of the service and its content, as well as temporarily or permanently delete, limit or suspend them, or block access to the same, and seek to inform the user of this change, whenever the circumstances so permit, by means of a publication on the website.

  1. Conditions of use of www.indiba.com

The user agrees to use the website services and content appropriately and not to use them for illegal activities or activities that constitute a criminal offence, or that infringe the provisions of this legal notice, of the regulations on intellectual or industrial property, or any other legal provision. The user is exclusively responsible for the use they make of the information contained in this website.

Also, the user agrees to not introduce, transmit or broadcast, under any circumstance, any of the content that includes but is not limited to the following:

  • Content of a racist, xenophobic or pornographic nature, content that glorifies terrorism or that violates human rights.
  • Content that promotes criminal, denigrating, defamatory or violent acts, or acts that are generally contravene the law, morals, good manners and the public order.
  • Information or content that infringes upon fundamental rights and public liberties that are acknowledged both constitutionally and in international treaties.
  • Information or content that constitutes a breach of the intellectual and industrial property rights (including, but not limited to, patents, trademarks and copyright) of INDIBA S.A.
  • Unauthorised or unsolicited advertising, junk mail, chain emails, pyramidal structures, etc.
  • Data programmes (virus and malware) that are likely to cause damage to the access provider’s IT systems, its suppliers or third party internet users.
  1. Liability disclaimer

INDIBA S.A. cannot control the use that users make of the www.indiba.com website and its contents, and thus, is not responsible for any damage that may derive from an illegal, incorrect, inappropriate or partial use of the same, or for any breach by the user of these conditions of access and use, as well as any other condition that may be found in this website with regards to any of its services, notwithstanding, under any circumstance, the legal actions that may be initiated by INDIBA S.A., or third parties.

INDIBA S.A. cannot guarantee the permanent availability and continuous operation of the website, or the information, content, software, materials or products included in the same.

Thus, any liability for damage of any kind that may derive from a lack of availability or continuity of the website’s operation, its services and the use that users may make of the same, is excluded.

In any case, INDIBA S.A. will make every possible effort to keep this website available continuously.

Similarly, INDIBA S.A., will not be responsible for any errors or security weaknesses that may arise due to the use, by the user, of a browser version that is insecure or outdated. Nor will it be responsible for the activation of mechanisms for storing user login codes registered in the browser, or the damage, errors or inaccuracies that may derive from a misuse or malfunction.

For this reason, the user exonerates INDIBA S.A. from any liability related to the reliability, usefulness, or false expectations that the website may generate, while browsing.

If the user causes any type of damage to third parties, this user will be solely liable for the same. Also, the user will pay the expenses, costs and, if necessary, any indemnities, that may derive from any legal proceedings arising from a breach of any of the provisions in these conditions and in the applicable regulations.

  1. Intellectual and industrial property

All of the website’s content (including, but not limited to, databases, images, drawings, graphics, text files, maps, frames, banners, software and its various source codes, audio and video contents), as well as the website itself and its visual presentation, are the property of INDIBA S.A. or the providers of its contents, which have been licensed or assigned by the former, and are protected by the national and international laws on intellectual and industrial property. The compilation (understanding this to be the collection, design, organisation and assembly) of all of the website contents is the exclusive property of INDIBA S.A.

All of the software involved in the use and development of the website is the property of INDIBA S.A. or its software suppliers, and is protected by the national and international laws on industrial and intellectual property.

All users are prohibited from performing any of the following acts with respect to the website and its contents, without the prior, written authorisation of INDIBA S.A. or the owners of the intellectual property rights or of any other rights over the contents: these acts include but are not limited to the following:

  1. Any form of public communication, by means of any process, including making it available to the public, which would allow any person to access this from any place and at the time of their choosing.
  2. Any form of distribution, including, but not limited to, the sale, rental and loan of the website contents.
  3. Any form of direct or indirect, temporary or permanent reproduction, by any media and in any format, of all or part of the website or its contents.
  4. Any type of transformation, total or partial, including the creation of derived products and services.
  5. Any other form of access that includes the previous or other ways of access.
  6. Any direct or indirect manner of extracting and reusing all or a substantial part of the contents of any database, and the extraction and repeated or systematic reuse of its unsubstantial parts.

Notwithstanding the foregoing, the user may freely view the website and its contents and download them for personal and non-commercial use, without being able to extend this to third persons or entities, whether free-of-charge or against payment.

Consequently, the provision and use of the databases, images, drawings, graphics, text, audio and video files, and software that is the property of INDIBA S.A. or its providers, which appear in the website, and any other content, does not entail, under any circumstance, the assignment of the ownership thereof or the granting of a right of use in favour of the user.

The trademarks, signs, distinctive signs or logos that appear in the website belong to INDIBA S.A. and are duly registered or are in the process of being registered. The unauthorised or improper use of these elements constitutes a breach of the industrial property rights of INDIBA S.A.

  1. Procedure in the event of illegal acts

INDIBA S.A. oversees that the contents of this website are not of a pornographic, xenophobic, discriminatory, racist or defamatory nature and that they do not promote violence. It also seeks to avoid any circumstance that may be harmful to the users.

If any user or third party considers that there are events or circumstances that reveal the illegal character of any content or of the conduct of any activity in the web pages included in or accessible via this website and, in particular, that reveal a breach of the industrial or intellectual property rights, or other rights, they must send a notification to INDIBA S.A., which should contain the following information:

  • Personal data of the person making the claim: name, address, telephone number and email address.
  • Specification of the suspected illegal activity and a precise and specific indication of the protected contents, as well as their location on the web pages.
  • If there has been a violation of rights: personal data of the owner of the rights that are believed to have been breached or of the person authorised to represent them and their signature.
  • Express and clear declaration under the claimant’s responsibility that the information provided in the notification is accurate and that the use of the contents or the conduct of the described activities is of an illegal nature.
  1. Personal data protection

The company INDIBA S.A. maintains a confidentiality policy for the data supplied by its users and it will assure that this data is protected. This protection covers everything related to the collection and use of the information supplied via the internet.

Thus, INDIBA S.A. guarantees that its users’ personal data will be used confidentially and that the server on which the data will be stored and processed is subject to the security measures necessary to prevent access to said data by unauthorised third parties.

For these purposes, INDIBA S.A. guarantees that it has adopted the appropriate technical and organisational security measures in its installations, systems and files, in compliance with the risk assessment carried out. However, INDIBA, S.A. may communicate the personal data and any other information stored in its files, via its IT systems, to the competent public authorities when these are requested in order to comply with the legal and regulatory provisions applicable in each case.

In compliance with the provisions in article 13 of the General Data Protection Regulation (GDPR), whenever a website user is asked to provide personal data that will be processed, they will be duly informed, as a minimum, of the identity of the data controller, of the purpose for which the data has been obtained and of their rights with regards to the same, as well as all other information that the current Law requires at any time. INDIBA S.A. will use the user’s data in order to provide the information or the services that the user has requested.

The contractual relationship generated by your request is the legal basis for the processing, and your data will be kept until the requested process is completed. All of the above will apply unless you expressly consent to receive commercial information, by accepting our advertising policy.

You can exercise your rights of access, rectification, cancellation, limitation, objection and to data portability by sending a written communication, attaching a photocopy of your national ID card (DNI) or equivalent ID document to INDIBA S.A. at c / Moianès, 13 (08192) Pol. Ind. Can Casablanques de Sant Quirze del Vallès, Barcelona or to the email address lopd@indiba.com. If your rights are not satisfied, you may contact the Spanish Data Protection Agency (AEPD).

  1. Cookie policy

What are cookies and what are they used for

Cookies are the small text files that are downloaded in the browser of a user’s device (computer, mobile telephone, tablet, etc.) when browsing a website, application or IT platform.

Cookies offer many advantages for the provision of information society services, as they make it easier and more flexible to browse the internet, and also help us to improve the quality of the services we provide to our users. Cookies, among other things, allow information about a user’s browsing habits or that of their device to be stored and recovered, which helps us to know which pages or utilities of a website, application or platform are the most useful and which are not, for the purposes of improving them and, depending on the information they contain and the way in which the device is used, they can also be used to recognise the user.

Type of cookies we use in this website

According to the entity that manages them:

  • Own cookies: those we send to the user’s device from a device or domain managed by TMB or from which the service requested by the user is provided.
  • Third-party cookies: those sent to the user’s device from a device or domain that is not managed by TMB, but by third parties.

According to the time they remain active:

  • Session cookies: these are temporary and remain in the browser of the user’s device until they abandon the website, application or platform. These cookies make browsing easier and more agile.
  • Persistent cookies: those in which the information is stored in the user’s device and that the user can access for a period of time established by the cookie manager (can be a few minutes or even years).

According to their purpose:

  • Technical cookies: allow the user to browse through a website, application or platform.
  • Personalisation cookies: allow the user to access the service with some predefined general characteristics, such as, for example, the type of browser used to access, etc.
  • Analysis cookies: allow the number of users to be quantified and thus take measurements and produce analyses of statistics on the activity on the websites, applications or platforms, and prepare user browsing profiles in order to introduce improvements.

TMB’s own cookies that are used in this website are technical or personalisation cookies, which, in turn, can be session or persistent cookies. In compliance with article 22.2 of Act 34/2002 of 11 July, on Information Society Services and Electronic Commerce, TMB’s own cookies do not require the users’ consent.

The third party cookies used on this website for analytical purposes:

Issuer Description of the purpose Links for more information on the cookies
Google Generate an anonymous user identifier that allows the users’ activity to be analysed for statistical purposes. Privacy of Google Analytics
Twitter Allow it to be determined if the user has logged in with their user name and password in Twitter on this browser. Page of information on the use of cookies in Twitter
Facebook Allow it to be determined whether a user logged in using their Facebook username and password on this browser. Page with information on the use of Facebook cookies

Options for the users of this website

The user has three options:

  1. Accept the installation of cookies by clicking on the “Accept” button that appears in the notice at the top of this website, relating to the information and acceptance of cookies. In this case, the user will not see said notice again, unless our cookie policy is amended, or once a year has passed since the acceptance, after which time, said notice will reappear when the user browses this website, for which they accepted the cookie policy.
  2. Not clicking on the “Accept” button that appears in said cookie information and acceptance notice, and continuing to browse on our website, will imply the acceptance of the installation of cookies, but, unlike in the previous case, each time they browse our website, the cookie information and acceptance notice will continue to appear.
  3. Configure their device’s browser to restrict, block or delete the installed cookies or prevent their installation.

Deleting cookies

Users may restrict, block or delete the cookies installed on their device by configuring the options of the browser they have installed on their device. If the installation of cookies on their device is not permitted, it is possible that they cannot access some of our sections or utilities, and may even not be able to browse.

If their device uses the Internet Explorer browser, they can obtain information about how to block or delete the use of cookies at https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies#ie=%22ie-10

If their device uses the Firefox browser, they can obtain information about how to block or delete the use of cookies at https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

If their device uses the Chrome browser, they can obtain information about how to block or delete the use of cookies at

https://support.google.com/chrome/answer/95647?hl=en-GB

If their device uses the Safari browser, they can obtain information about how to block or delete the use of cookies at https://www.apple.com/uk/legal/privacy/en-ww/cookies/

  1. Links to third parties

This website may include links to other web pages of entities outside of INDIBA S.A.. The latter does not assume any responsibility deriving from the contents of such web pages, or for the products or services offered and any viruses or malicious software they may contain.

  1. Links to www.indiba.com

It is strictly prohibited for the user to make any alterations to this website that may affect its content, such as actions related to links and similar modifications.

Links to this website from web pages or other media that contravene the Law, morals, public order or that harm the good name or image of INDIBA, S.A. or any of its distinctive signs are also prohibited.

Links to any of the pages of this website that do not contravene the aforesaid prohibitions must comply with the following:

The user must know that they are accessing this website and, also, the URL for the page to which they are linked must appear in their browser.

  1. Legislation and jurisdiction

The general terms and conditions of this legal notice and of any other text of a contractual nature on this website are regulated by the provisions of Spanish Law.

If any controversy exists deriving from the access and use of this website and its contents and services, as well as the interpretation of and compliance with these general conditions and with any other contractual text of this website, the parties, expressly waiving any other jurisdiction to which they may be entitled, expressly submit to the courts and tribunals of the City of Barcelona (Spain).

© 2018 INDIBA, S.A.