Adquira is an environment of interrelationship between legal entities as opposed to individuals, except for those who may intervene as representatives of the former, of whom only the minimum professional details shall be given to Adquira so that they may operate as users of the different tools. In accordance with public general act of Parliament 15/99, of 13 December, concerning the protection of personal details (Ley Orgánica 15/99, de 13 de diciembre, de protección de datos de carácter personal), Adquira informs the users of the portal that the personal details obtained as a consequence of their registration as a user shall be incorporated into a file owned by Adquira S.A., C.I.F. A-82726613 and registered office in Calle Julián Camarillo 21A,Planta 4ª, 28037 Madrid, España; Fax: 913274080, registered in the data protection agency with registration code 2023020257, having implemented the security measures established in Royal Decree 1720/2007 21 December (Real Decreto 1720/2007 de 21 de diciembre).
For general enquiries about other Adquira products or services, you may contact the customer service centre by calling 902 424 024 from Monday to Friday, 9.00 a.m. to 7.00 p.m., or through any of the e-mail addresses indicated above.
This web site has been designed for an optimum display on a configured screen with dimensions of 800x600 or more and 256 colours, or any superior level.
We recommend the use of Microsoft Explorer browsers 9.00 or later versions.
The technology used by Adquira is html, jsp, flash and gif programming, based on 2d images, designs in 2d (gif and jpeg).
© 2015 ADQUIRA SPAIN S.A.
3. CONIDITIONS OF ACCESS TO AND USE OF THE PORTAL
3.1. Free nature of access to and use of the portal
The portal service is provided by Adquira free of charge and users are not required to subscribe or register in advance. Nevertheless, certain services may only be used through subscription or registration on the part of the user and/or payment of a price, in the manner indicated in their corresponding particular conditions.
3.2. Obligation to make correct use of the portal and the services
The user undertakes to use the portal and the services in accordance with the Law, these general conditions and the demands of public decency, public order and generally accepted morals.
The user is obliged to refrain from using the portal and the services for ends or purposes which are unlawful, contrary to what is established in these general conditions, detrimental to the rights and interests of third parties, or which may damage, disable, overload or deteriorate the portal and the services in any way or hinder the users' normal use or enjoyment of the portal and the services.
3.4 Means of obtaining contents
The user must refrain from obtaining and even from trying to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kinds of material accessible through the portal or the services (hereinafter the "contents") by using means or procedures other than those which, in any given case, have been placed at his disposal or indicated for this purpose in the web pages where the contents are located or, in general, those which are normally used for this purpose on the internet, provided that they do not entail a risk of damage or disablement of the portal, the services and/or the contents.
3.5. Correct use of the contents
The user is obliged to use the contents diligently, correctly and lawfully and, in particular, undertakes to refrain from (a) using the contents in an unlawful manner or for purposes which are unlawful or destructive of public decency, public order or generally accepted morals; (b) reproducing or copying, distributing, permitting the general public's access through any mode of public communication, transforming or modifying the contents, unless he has received the authorization of the owner of the corresponding rights or unless it is legally permitted; (c) deleting, evading or manipulating the "copyright" and other details which identify Adquira's rights or its content headings, as well as the technical protection devices, fingerprints or any information mechanisms which the contents may contain.
3.6. Use of the services offered through the portal in accordance with Adquira's anti-spamming policy
The user is obliged to use the services in accordance with Adquira's anti-spamming policy and, in particular, undertakes to refrain from (what follows is merely indicative rather than exhaustive) (i) sending any kind of publicity and communications for selling purposes or any other purpose of a commercial nature to a large number of people without their prior request or consent, (ii) sending any other messages to a large number of people without their prior request or consent, (iii) sending chains of e-messages without the prior request or consent of the recipients, (iv) using distribution lists which may be accessed through the portal or the services in order to perform the activities indicated in sections (i) to (iii), and (v) putting data gathered from the distribution lists at the disposal of third parties, for any purpose.
The users who receive unsolicited messages addressed to a large number of people may inform Adquira by sending a message to the following address: firstname.lastname@example.org
3.7. Introduction of hyperlinks which permit access to the portal's web pages and to the services
The users and, in general, anyone who intends to establish a hyperlink between their web page and the portal (hereinafter the "hyperlink") must fulfil the following conditions: (a) the hyperlink shall only permit access to the web pages of the portal, but may not reproduce them in any way; (b) hyperlinks shall not be established with any of the portal's web pages other than the home-page of the portal or of the services; (c) neither a browser nor a border environment shall be created on the web pages of the portal; (d) false, inaccurate or incorrect statements or comments shall not be made about the web pages of the portal and the services and, in particular, it shall neither be declared nor implied that Adquira has authorized the hyperlink or has supervised or accepted in any way the contents or services offered or placed at the disposal of the web page in which the hyperlink is established; (e) with the exception of any signs which may form part of the actual hyperlink, the web page in which the hyperlink is established shall not contain any brand name, trade name, denomination, logotype, slogan or other distinctive signs belonging to Adquira; (f) the web page in which the hyperlink is established shall not contain items of information or contents which are illegal or destructive of public decency, public order or generally accepted morals, and neither shall it contain contents which are detrimental to any rights of third parties.
Under no circumstances does the establishment of the hyperlink imply the existence of relations between Adquira and the owner of the web page in which it is established, nor the acceptance and approval of its contents or services on the part of Adquira.
4. USE OF COOKIE TECHNOLOGY
5. USE OF THE PORTAL, THE SERVICES AND THE CONTENTS UNDER THE USER'S EXCLUSIVE RESPONSIBILITY
The user is aware and voluntarily accepts that the use of the portal, the services and the contents takes place under his sole and exclusive responsibility. When you access our web page you are expressly authorized to view all the information contained in the page, as well as to make private reproductions (downloads permitted by the marketsite) of the page in your data processing systems, provided that said contents are for your exclusive use and are not subsequently transferred to third parties.
- You are not authorized to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained in the portal, unless you have received the authorization of the owner of the corresponding rights or unless it is legally permitted.
- You are not authorized to use the information contained in the web site for direct selling purposes or for any other kind of commercial purpose, to send unsolicited messages to a large number of people irrespective of their purpose, or to commercialise this information in any way.
- You are not authorized to delete, evade or manipulate the "copyright" and other details which identify Adquira's rights or the content headings, as well as the technical protection devices, fingerprints or any other information mechanisms.
- You are not authorized to dismantle, decompile or invert the databases in which the portal's information is stored.
- You are not authorized to engage in spamming practices or activities when using or as a consequence of using the portal or the information and services for selling purposes or other purposes of a commercial nature, i.e. sending any kind of message to a large number of people without their prior request or consent, sending chains of e-messages without the prior request or consent of the recipients, or using distribution lists which may be accessed through the portal.
Any infringement of the conditions stipulated in this paragraph shall be regarded as an infringement of Adquira's copyrights, giving rise to the liabilities legally established to this effect. Furthermore, such infringement may be prosecuted by means of the appropriate administrative, civil or penal actions.
6. EXCLUSION OF GUARANTEES AND LIABILITY
Adquira shall not be liable for:
- Any kind of damages which may be due to the products or services provided or offered by third parties (individuals or entities) through the portal, and in particular for:
- a) The breaking of the law, failure to observe the rules pertaining to public decency, public order and generally accepted morals, or acting incorrectly or without due diligence, or with purposes or ends which are unlawful or contrary to what is established in these general conditions or in any other conditions which may apply.
- b) The infringement of copyrights or industrial rights.
- c) The violation of trade secrets.
- d) The infringement of individual rights relating to honour, personal and family privacy and the protection of minors.
- e) Acts of unfair competition.
- f) Advertising or publicity which is unlawful, criminal or of a pornographic nature.
- g) The illegality or lack of veracity, accuracy, reliability, relevance, topicality and exhaustiveness of the contents and information conveyed to or placed at the disposal of the users, including the information and services provided by third parties or by the users through the portal.
- h) The non-fulfilment, delayed fulfilment, defective fulfilment or termination due to any cause of the contracts concluded with third parties in connection with the provision of services through the portal. Adquira shall only be liable for its own services and contents, i.e. those directly created by Adquira and identified with its copyright as a trademark, copyright or industrial right belonging to Adquira.
- i) The disablement of any user or the user's impersonation of a third partyo.
- 2) any kind of damages which may be due to unauthorized third parties' knowledge of the type, conditions, characteristics and circumstances of the use which the users make of the portal or of the services it offers.
- 3) any kind of damages which may be due to the existence of errors in the use of or access to its web page, as well as in the access to or use of its services, or in its contents or to the fact it is not up to date, even though it undertakes to avoid errors and update or rectify said contents. In other words, it is not liable for the lack of availability or continuity of the functioning of the portal and the services, or for faults in the access to the portal's different web pages or to those from which the services are provided.
4) any kind of damages which may be due to the items of information contained in its web page, to which this web may send hypertextual links. The purpose of the links which appear on the page is purely informative, and under no circumstances is Adquira responsible for the result you seek to obtain by accessing these links. Consequently, Adquira shall not be liable for
- a) the availability, accessibility and functioning or continuity of the linked sites
- b) the quality, legality, reliability, utility, veracity, validity, exhaustiveness and/or authenticity of the contents existing in the linked sites
- c) the maintenance, provision or transmission of the contents existing in the linked sites.
- 5) Any kind of damages which may be due to the existence of viruses in the users' computer system, electronic documents or files, or to the presence of viruses in the services provided by third parties through the portal, causing alterations in the users' computer system, electronic documents or files.
- 6) Under no circumstances, including negligence, shall Adquira be liable for the loss of business, loss of use, loss of profit or loss of data due to any indirect, secondary or consequential damages which may result from access to or use of the portal's services, or which otherwise fall within this sphere.
- 7) Any damages which may derive from any knowledge which unauthorized third parties may have regarding the type, conditions, characteristics and circumstances of access and use which the users make of the portal and of the information and services, as well as from the users' non-fulfilment of their obligations in relation to personal details.
In relation to the limitation of liabilities, Adquira rejects all the explicit, implicit or obligatory guarantees regarding the portal's services, including, but not limited to, the implicit guarantees of commercialisation and adaptation to specific purposes and the obligatory guarantees of protection against non-fulfilment.
7. OWNERSHIP OF THE CONTENTS.
Adquira does not grant any kind of licence or authorization of use with respect to its copyrights and industrial rights or for any other property or right relating to the portal, the services or the contents. All the information contained in this web site, including any type of contents, texts, images, graphic designs or codes in html, java, java script or active x language, among others, is intellectual and industrial property whose ownership corresponds to Adquira, as does the exclusive exercise of the rights of exploitation of the abovementioned copyright, in any way, and, in particular, the rights of reproduction, distribution, public communication and transformation. Adquira does not grant, either totally, partially or in any other way, any licence or authorization whatsoever to the users with respect to the copyrights or industrial rights relating the portal. Likewise, Adquira guarantees that the contents, including those protected by copyright, are not illegal and that neither do they contravene the existing regulations. Consequently, the nature of the website's contents shall not be xenophobic, pornographic, discriminatory or racist, and neither shall they promote violence in any way. Furthermore, Adquira shall take any legal measures it may deem appropriate in order to prevent any type of conduct which is either unlawful or destructive of public decency or morals.
8. DENIAL AND WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR TO THE SERVICES
Adquira reserves the right to deny or withdraw access to the portal and/or to the services, at any time and without needing to give prior warning, from those users who fail to fulfil these general conditions or any particular conditions which may apply.
9. PROCEDURE IN THE EVENT OF PERFORMANCE OF UNLAWFUL ACTIVITIES
Should any user or a third party believe that there are facts or circumstances which reveal the unlawful nature of the use of any content and/or the performance of any unlawful activity in the web pages included in or accessible through the portal, and, in particular, the violation of copyrights, industrial rights (patents, models and mechanical drawings, trademarks and trade names, etc.) or other rights, said user or third party must send Adquira a notification containing the following details: (a) personal details: name, address, telephone number and e-mail address of the claimant; (b) specification of the alleged unlawful activity carried out in the portal and, in particular, when it concerns an alleged violation of rights, precise and specific indication of the protected contents as well as their location in the web pages; (c) facts or circumstances which reveal the unlawful nature of said activity; (d) in the case of an alleged violation of rights, authentic signature or equivalent, together with the personal details of the holder of the allegedly violated rights or of the individual authorized to act on behalf of said individual; (e) clear and explicit declaration for which the claimant is responsible, stating the unlawful nature of the use of the contents or of the performance of the activities, and that the information contained in the notification is accurate.
These notifications must be sent to: Atención Clientes Adquira, Calle Julián Camarillo 21A, Planta 4ª, 28037 Madrid, España; Fax: 913274080; e-mail: email@example.com
10. PROTECTION OF PERSONAL DETAILS.
By means of this warning, Adquira informs the users of the different internet portals it owns (hereinafter the "users" and the "portal") about its policy relating to the protection of personal details (hereinafter "the personal details") so that the users may freely and voluntarily decide whether they wish to provide Adquira the personal details which may be requested or which may be obtained from the users in connection with the subscription or registration in some of the services offered by Adquira in the portal or through the portal. Adquira reserves the right to modify this policy in order to adapt it to legislative or jurisprudential changes, as well as to industry practices. In such cases, Adquira will announce on this page the changes made with reasonable notice prior to their entry into effect.
Certain services provided in the portal may contain particular conditions with specific provisions concerning the protection of personal details.
The personal details, always bearing in mind that the Adquira environment is an environment of interrelationship between legal entities as opposed to individuals, except for those who may intervene as representatives of the former, shall be the object of automated processing and be incorporated into the corresponding automated files of personal details which Adquira shall own and be responsible for (hereinafter the "file"). For this purpose, Adquira shall provide the users with the appropriate technical resources so that, in advance, they may access this warning about the data protection policy or any other relevant information and give their consent so that Adquira may proceed to process their personal details. Except in the boxes in which it is stated otherwise, the responses to the questions about personal details are voluntary, without the lack of response implying a reduction in the quality or quantity of the corresponding services, unless indicated otherwise.
The purpose of the collection and automated processing of the personal details is to maintain the contractual relationship established, where applicable, with Adquira, to manage, administer, provide, extend and improve the services which the user decides to subscribes to, register for or use, to adapt these services to the preferences and tastes of the users, to study the use of the services on the part of the users, to design new services relating to these services, to send updates of the services, to send, by traditional and electronic means, technical, operational and commercial information about products and services offered by Adquira or through Adquira at present and in the future. The purpose of the collection and automated processing of the personal details also includes the sending of survey forms, which the user is not obliged to fill in and return.
Adquira has implemented the legally required levels of security for the protection of personal details, and has installed all the means and technical measures within its scope in order to prevent the loss, incorrect use, alteration, unauthorized access to and theft of the personal details given to Adquira. Nevertheless, the user should be aware that Internet security measures are not unassailable.
Adquira intends to transfer the personal details to the currently existing companies in its group (the term 'group' having the meaning defined in article 4 of the Stock Market Act (Ley del Mercado de Valores), with the same purposes as those indicated in the previous paragraph. In certain cases, it also intends to transfer the personal details to third parties. Where applicable, the users shall be duly informed of this circumstance in the personal detail collection forms, together with the identification of the company which transfers the details and said third party, the type of activities it carries out and the purpose for which the details are being transferred. Both the companies belonging to the Adquira group and the third parties to whom the personal details are to be transferred may have their registered office abroad. In any case, Adquira guarantees confidentiality and the safe processing of the personal details in any international transactions which may occur in connection with these transfers.
It is acknowledged that the users possess and may exercise the rights of access, cancellation, rectification and objection, as well as the right to be informed of the transfers carried out by contacting Adquira by e-mail.
10.1 Collection, processing and storage of data:
With regard to Adquira's processing of the personal details, we must inform you that you will be free to decide whether or not to provide any details you may be asked for in connection with subscription or registration in any of the services offered by opciona.com or through the portal. However, Adquira reserves the right to modify its data protection policy at any time, in order to adapt it to legislative changes, announcing on its web page the changes made with sufficient notice prior to their entry into effect. Adquira shall collect the personal details in an appropriate, relevant and non-excessive manner according to a certain explicit and legitimate purpose, and therefore under no circumstances shall fraudulent, unfair or unlawful means be used. The above-mentioned details shall be incorporated into automated files existing at opciona.com. Consequently, Adquira guarantees compliance with public general act of Parliament 15/99, of 13 December, concerning the protection of personal details (Ley Orgánica 15/99, de 13 de diciembre, de protección de datos de carácter personal). The object of this law is to guarantee and protect, as far as the processing of personal details is concerned, the public freedoms and fundamental rights of individuals, and particularly those relating to their honour and personal and family privacy. Consequently, the aim is to protect the fundamental rights of the individual and, specifically, those contemplated in article 18 of the Spanish Constitution. Since the above-mentioned law entered into effect, it can be affirmed that Adquira's storage of data has complied with the regulations and, consequently, is subject to the principles, requirements and system established by means of the above-mentioned act. Adquira's most important objective when collecting personal details is to provide you a personalized treatment in our network. This includes personalization of the services, interactive communication, on-line purchases and other types of services, most of which are free. In order to be able to provide these services free of charge, we display advertisements, and therefore when you register as an Adquira user and provide us your details, you also allow us to use them for the purpose of sending you advertising communications. By knowing a little bit about you, Adquira can provide you more appropriate contents and advertising and, therefore, a better service.
Before collecting the data, Adquira will explicitly, precisely and unequivocally inform you of the existence of the file and its purpose, of the rights of access, rectification and cancellation and of the identity and address of the person responsible for data processing or his representative. In order exercise your rights, you must contact the department responsible for the file by sending an e-mail to Adquira, for the attention of Responsable del fichero, Calle Julián Camarillo 21A,Planta 4ª, 28037 Madrid, España; Fax: 913274080; e-mail: firstname.lastname@example.org
11. DURATION AND TERMINATION
The provision of the portal service and all the other services has, in principle, an indefinite duration. Adquira, however, is authorized to considered terminated or to suspend the provision of the portal service and/or any of the services at any time, without prejudice to what may have been established in this respect in the corresponding particular conditions. Whenever it is reasonably possible, Adquira shall give prior warning of the termination or suspension of the provision of the portal service and the other services.
12. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by the laws of the Spanish state. Adquira and the user, expressly waiving any other jurisdiction, submit to that of the courts and tribunals of Madrid (Spain).
If you wish to make any suggestions or collaboration proposals, please write to us by e-mail: