LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

www.agumana.com

 

GENERAL INFORMATION

In compliance with the provisions of Law 34/2002 of 11 July on Services of the Information Society and Electronic Commerce, general information about this website is given below.

www.agumana.com (hereinafter the Web Site) is owned by Juan Jose Martinez Moragues with NIF 46039014Y. Contact details:

c/Espronceda, 90, 1º
08005 Barcelona
Phone number: +34 696 688 957
email: info@agumana.com


GENERAL TERMS AND CONDITIONS OF USE 

PURPOSE: THE WEBSITE


The main purpose of these General Conditions (hereinafter Conditions) is to regulate the access and use of the Web Site. For this purpose, Web Site means : the external appearance of the display interfaces, i.e., the navigation tree ; and all other elements integrated in both the display interfaces and the navigation tree (hereinafter « Contents »), and all those services or online resources that may be offerred to the users (herinafter « Services »).

Agúmana reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website including the Content and Services that may be incorporated in it. The User acknowledges and agrees that at any time Agúmana may interrupt, disable and / or cancel any of these elements that are integrated in the Website or the access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide a consideration to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be made through the subscription or prior registration of the User.


THE USER

The access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and between the User and Agúmana, such as comments and / or blogging spaces, confers you User status. Thererefore, from the beginning of navigation through the Website, all the Conditions established herein are accepted by you, as well as its subsequent modifications, without prejudice to the application of the corresponding compulsory legal regulations as the case may be. Given the relevance of the above, it is recommended that  the User read these conditions each time the User visits the Website.

Agúmana Web Site provides a wide range of information, services and data. The User assumes his responsibility to make a correct use of the Website. This responsibility shall extend to:

  • the use of the information, Content and / or Services and data offered by Agúmana without being contrary to the provisions of these Conditions, Law, morality or public order, or that in any other way may result in injury of third party rights or the same operation of the Website.
  • The veracity and legality of the information provided by the User in the forms extended by Agúmana for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Agúmana of any fact that allows the improper use of this information registered in such forms, including but not limited to theft, loss or unauthorized access to identifiers and / Or passwords, in order to proceed to its immediate cancellation.

Agúmana reserves the right to withdraw all comments and contributions that violate the law, dignity of any person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attack against youth or childhood, order or Public security or that, in its opinion, were not suitable for publication.

In any case, Agúmana will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

The mere access to this Website does not imply any kind of commercial relationship between Agúmana and the User.

This Agúmana Web Site is addressed to all persons, regardless of age, who can access and / or browse the pages of the Website.

The Website is intended primarily for Users residing in Spain. Agúmana does not ensure that the Website complies with legislation of other countries, either totally or partially. If the User resides or has his domicile elsewhere and decides to access and / or navigate the Website, he / she will do so at his / her own responsibility, he / she must ensure that such access and navigation complies with the local legislation applicable to him/her. Agumana shall not have any Liability that may arise from such access.


ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY


Agúmana does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Agúmana will do everything possible for the proper functioning of the Website, however, is not responsible or guarantees that access to this Website will not be uninterrupted or error-free.

Neither is it responsible or guarantees that the content or software that can be accessed through this Website, is free of error or causes damage to the User’s computer system (software and hardware). In no case shall Agúmana be liable for losses, damages or damages of any kind arising from the access, browsing and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of virus.

Agúmana is not responsible for any damages that may be caused to users by an inappropriate use of this Website. In particular, it is not responsible in any way of any interruptions, lack or defect of the telecommunications.


PRIVACY POLICY AND DATA PROTECTION


In accordance with the Law 15/1999 on Personal Data Protection (LOPD), and with Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of the Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD), Agúmana undertakes to adopt the necessary technical and organizational measures, according to the level of security of the data collected, to guarantee the security of the  personal data and prevent its alteration, loss, treatment or unauthorized access.

In accordance with the provisions of article 5 of the LOPD, the User is informed that all personal data collected by Agúmana, will be entered into an automated file under the responsibility of Jordi Soler Martínez, and duly declared and Registered with the Data Protection Agency, in order to facilitate, expedite and fulfill the commitments established between the two parties or the maintenance of the relationship established in the forms that subscribe or to comply with a request or consultation.

While the User does not communicate the contrary to Agúmana, it will be understood that his data have not been modified, that the User undertakes to notify any variation and that he has the consent to use them for the specific, explicit and legitimate purposes for which they have been obtained . They may also be used with a commercial purpose of personalization, operation and statistics, and activities specific to its corporate purpose, expressly authorizing Agúmana to extract, store data and marketing studies to adapt the Content offered to the User, and Thus improving the quality, operation and navigation of the Website.

In cases where the User could provide his data through forms, in order to make queries, request information and / or for reasons related to the Content offered on the Website, if the data provided by the User were essential For the correct development of all this, it will be informed to the User indicating that they are data whose completion is mandatory.

In case you do not authorize the processing of your data for the purpose indicated in paragraph (s) above, the User may exercise his / her rights of access information, rectification, cancellation and opposition (ARCO Rights) And that can be exercised before Agúmana, according to title the III LOPD and the RDLOPD. To do this, you must take into account the following connotations:

As long as the User does not communicate something different to Agumana, it will be understood that his/her data have not been modified, that the User undertakes to notify any changes and that he/she has the consent to use them for the specific, explicit and legitimate purposes for which they have been obtained. Personal data may also be used with a commercial purpose of personalization, operation and statistics, and activities specific to its corporate purpose, expressly authorizing Agúmana to extract, store data and marketing studies to adapt the Content offered to the User, and thus improving the quality, operation and navigation of the Website.

In cases where the User could provide his/her data through specific forms, in order to make queries, request information and / or for reasons related to the Content offered on the Website, if the data provided by the User is essential for the correct development of all this, the User will be informed that it will be compulsory to comply with this.

In case you do not authorize the processing of your data for the purpose indicated in the above mentioned paragraph (s), the User may exercise his / her rights of access information, rectification, cancellation and opposition (ARCO Rights) And that can be exercised before Agúmana, according to title the III LOPD and the RDLOPD. To do this, you must take into account the following:

Right of Access: means the User’s right to obtain information about their personal data and its treatment by Agúmana, as well as the information available regarding the origin of this data and any communications made or planned regarding this data.

• Right of Rectification: means the User’s right to modify the personal data that, being inside the automated file, is inaccurate or incomplete.

• Right of Cancellation: means the User’s right to delete his/her personal data, except as provided under other applicable laws which oblige to maintain that personal data.

• Right of Opposition: It is the User’s right not to carry out the processing of his personal personal data or to terminate the use of this personal data by Agúmana.

In view of this, the User can exercise his/her rights via sending a written communication to Jordi Soler Martínez with the reference "LOPD-www.agumana.com", specifying:

• Name, surname of the User and copy of ID. In case of using a representative, contact details of the legal representative will be needed and a legal document stating that he/she is the legal representative. You can use other legal document, other than ID, to prove your identity.

• Request with the specific reasons or information to be accessed.

• Address for notifications.

• Date and signature of the applicant.

• Any document proving the request you make.

The User must deliver all the above documentation by certified mail or other deliver method that allows us to certify delivery and receipt of the documentation.

The application and any other documents should be sent to the following address and / or email:

c/Álvarez de Castro, 114, 1º 4ª
08100 Mollet del Vallès (Barcelona)
email: info@agumana.com

Agúmana reserves the right to modify its Privacy Policy, according to its own criteria, or because legislative, jurisprudential or doctrinal changes imposed by the Spanish Data Protection Agency. The use of the Web after such changes, will imply the acceptance of the same.


COOKIES POLICY

  • Cookies:

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User - in the different devices that you can use to navigate - so that the server remembers certain information that later and only the server that implemented it will read. Cookies make browsing easier, make it friendlier, and do not damage the navigation device.

Cookies are automatic procedures for collecting information regarding the preferences determined by the User during his/her visit to the Website in order to recognize him/her as a User, and to personalize his/her experience and use of the Website, and may also, for example, help To identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on the Website and the sites visited just before and after it. However, no cookie allows the cookie to be in contact with the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be part of the Cookie file is for the user to personally give that information to the server.

  • Own Cookies:

Those cookies that are sent to the User’s computer or device and managed exclusively by Agúmana for the best operation of the Website. The information collected is used to improve the quality of the Website and its Content and User experience. These cookies allow to recognize the User as a recurring visitor to the Website and adapt the content to offer you content that suits your preferences.

  • Third party cookies:

These are cookies used and managed by external entities that provide Agúmana with services requested by them to improve the Website and the user experience when browsing the Website. The main objectives for which third-party cookies are used are obtaining access statistics and analyzing navigation information, that is, how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, IP address, the number of Users accessing, the frequency and recurrence of visits, the time of visit, the browser they use, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer Users a Content and / or service of the highest quality. In any case, the information is collected anonymously and reports regarding tendencies of the Website are drawn up without identifying individual users.

The entity (s) in charge of the provision of cookies may transfer this information to third parties, whenever required by law or a third party who processes this information for such entities.

  • Disable, reject and delete cookies:

The User can disable, reject and remove cookies - totally or partially - installed on your device through the configuration of your browser (such as Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and removing cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he/she is using. In the event that the User rejects the use of cookies - totally or partially – the User may continue to use the Website, although the User may have limited use of some of the benefits thereof.

  • Cookie Policy Changes:

It is possible that the Website Cookie Policy changes or is updated, so it is advisable to review this policy each time you access the Website in order to be properly informed on the Cookie Policy.


LINKS POLICY

Agúmana Web Site may make available to Users links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and / Or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate users the search for and access information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them .

Agúmana does not offer or commercialize by itself or through third parties products and / or services available in such linked sites.

Likewise, it will not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites outside its ownership that can be accessed through these links.

Agúmana will not review or control the content of other websites, nor does it approve, examine or own the products and services, contents, files and any other material in the linked sites.

Agúmana does not assume any responsibility for damages that could be caused by the access, use, quality or legality of contents, communications, opinions, products and services of other websites not managed by Agúmana and linked to this Web Site.

The User or third party that creates a hyperlink from a web page different from Agumana Website should take into account the following:

Contents and Services belonging to the Web Site cannot be reproduced without Agumana’s express consent.

Any false, inaccurate or incorrect statements regarding the Website or its Contents and Services are not allowed.

Except for the hyperlink, the website in which the hyperlink is linked to will not contain any element of this Website, which is considered an intellectual property right by Spanish laws and regulations, unless authorised by Agúmana.

The establishment of the hyperlink will not imply any relationship between Agúmana and the owner of the linked website , nor the knowledge and acceptance by Agúmana of any contents, services and / or activities offered on the mentioned linked website, and vice versa.


INTELLECTUAL PROPERTY

Agúmana, is the sole owner of all intellectual property rights under the Website, as well as the elements contained therein (including but not limited to images, sound, video, software or Texts, brands or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All these elements are protected by Spanish Intellectual property laws and regulations, EU laws and regulations and international treaties in this regard signed by Spain.

All rights reserved. In accordance with Spanish Intellectual Property Laws and regulations, any reproduction, distribution and public communication for commercial purposes without the authorization of Agúmana of any elements of the Website, rights or protected artwork is strictly forbidden.

The User agrees to respect Agúmana's intellectual property rights. User may view any elements of the Website or even print, copy and store them on his/her computer's hard disk or on any other physical media, provided it is exclusively for your personal use. The User, however, will not be able to delete, alter, or manipulate any security device or security system installed on the Website.

In case the User or a third party considers that any of the Contents of the Website could breach any intellectual property rights, the User must immediately notify Agúmana through the persons stated in the contact information section under the GENERAL INFORMATION section above.


APPLICABLE LAW AND JURISDICTION

Agúmana reserves the right to file any civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Conditions.

The relationship between the User and Agúmana will be governed by Spanish law. Should any dispute arise regarding the interpretation and / or application of these Conditions, the parties shall submit their disputes to the jurisdiction of Spanish courts.


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