1. Incorporation of personal data to FLUMOTION’s files:
In accordance with the provisions of Law 15/1999, of December 13, 1999, on the Protection of Personal Data, we inform you that all personal data provided by the User through this Website will be incorporated and processed in the files owned by FLUMOTION SERVICES, S.A. (hereinafter “FLUMOTION”) to provide the services requested by the User, to respond to their requests and to keep them informed, including by electronic means, about FLUMOTION’s products and services. If you do not wish to receive this type of communication, you can indicate this by checking the boxes provided for this purpose or by sending an e-mail to email@example.com. The completion of all data marked as mandatory on this Web Site is necessary to achieve an optimal provision of the services made available to the User. If all the data is not provided, FLUMOTION does not guarantee that the information and services requested can be provided, are provided correctly or meet the User’s needs.
2. Sending data for personnel selection:
In the event that the User sends FLUMOTION his/her curriculum vitae, this will be treated with the exclusive purpose of being able to respond to his/her employment request with a job offer. By providing your personal information, you acknowledge that it is yours, accurate and true. Likewise, the User declares that the personal data contained in his/her curriculum vitae are all basic level data, according to the classification provided for by the current legislation on data protection. If this is not the case, FLUMOTION must be contacted immediately so that appropriate safety measures can be taken.
3. Prohibition of registration for minors:
Children under 14 years of age should not provide their personal data to FLUMOTION without the prior consent of their parents or guardians. If you are a minor, please ask your parents or guardians to contact us first.
4. Exercise of rights:
The User may exercise his/her rights of access, rectification, cancellation and opposition by sending an e-mail to firstname.lastname@example.org or by writing to FLUMOTION, calle de Jordi Girona, 29. 08034 Barcelona .
In both cases, the interested User must attach a copy of his/her ID card, passport or other valid document that identifies him/her.
5. Communications of data made by the User himself:
Conditions of use:
a. That you have read, understand and comprehend what is set forth herein;
b. That he/she assumes all the obligations set forth herein.
The use of the Web Site confers the condition of User of the Web Site (hereinafter, “the User”) and implies acceptance of all the terms included in these General Conditions. The User must read these General Terms and Conditions carefully each time he/she accesses the Website, as the Website and these General Terms and Conditions may be subject to change.
The owner of the Web Site reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of any elements that make up the design and configuration of the Web Site.
1. General information about the Web Site
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, the general information of the Web Site is provided below:
Owner: FLUMOTION SERVICES, S.A. (hereinafter, “FLUMOTION”).
Registered office: Calle de Jordi Girona 29 08034 Barcelona-Spain
Registry data: Commercial Registry of Barcelona; Volume: 38714; Folio: 8;
Page: B 332738; Entry: 1; Date: July 14, 2006.
2. Conditions of Use
2.1. Access to the Web Site
Access to the Web Site is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Need for Registration
In general, in order to access the services and contents of the Web Site, User Registration is not required. However, the use of certain services and contents may be conditioned to the prior registration of the User.
The data entered by the User must be accurate, current and truthful at all times. The registered User will be responsible at all times for the custody of his password, assuming any damages that may arise from its misuse, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents made under the password of a registered User shall be deemed to have been made by said registered User, who shall be liable in all cases for said access and use.
2.3. Rules for use of the Web Site
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, the user undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User agrees to:
Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party Users of the Internet network.
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized in the Constitution and in international treaties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
Do not transmit unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for that purpose.
Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
Not to impersonate other Users by using their registration keys to the different services and/or contents of the Website.
Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Website or third parties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and data protection legislation.
The User undertakes to indemnify FLUMOTION against any possible claim, fine, penalty or sanction that FLUMOTION may be obliged to bear as a consequence of the User’s breach of any of the above-mentioned rules of use, and FLUMOTION also reserves the right to request the corresponding compensation for damages.
2.4. Exclusion of Liability
FLUMOTION assumes no responsibility for updating this Web Site to keep information current, nor does FLUMOTION warrant that the information posted is accurate or complete. Therefore, the User should confirm that the information published is accurate and complete before making any decision related to any service or content described on this Web Site.
The User’s access to the Website does not imply for FLUMOTION the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
FLUMOTION shall not be liable for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.
FLUMOTION shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during or prior to the provision of the same.
2.5. Content and services linked through the Web Site
The service of access to the Web Site includes technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, FLUMOTION shall only be liable for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may inform FLUMOTION without, in any case, this communication entails the obligation to remove the corresponding link.
In no case shall the existence of Linked Sites presuppose the formalization of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of FLUMOTION with the statements, content or services provided.
FLUMOTION is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to FLUMOTION.
2.6. Intellectual and industrial property
All the contents of the Website, which are understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of FLUMOTION or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on the same may be understood to have been transferred to the User.
The trademarks, trade names or distinctive signs are owned by FLUMOTION or third parties, without it being understood that access to the Website attributes any right over them.
Nullity and ineffectiveness of the clauses.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects and such provision shall be considered totally or partially as not included.
4. Applicable law and competent jurisdiction
These General Conditions shall be governed by and construed in accordance with the Laws of Spain. FLUMOTION and the User agree to submit any dispute that may arise from the access and/or use of the Website to the Courts and Tribunals of Barcelona, Spain, expressly waiving any other jurisdiction that may correspond to them if different, provided that the law does not establish otherwise.