1. LEGAL INFORMATION AND ACCEPTANCE
These provisions hereby govern the use of the internet portal service (the “Portal”) that Atitlan Grupo Empresarial, S.L. (“Atitlan”) makes available to internet users. For the purpose of complying with the provisions of Article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSI”), you are hereby informed that Atitlan, with registered office at Calle Don Juan de Austria, 30, 3a planta, 46002 Valencia, Spain and tax identification number (C.I.F.) B-97637185, is registered in the Commercial Register of Valencia, in Volume 8.258, Folio 8, Section 8a, Page V-107.178.
Access to the Portal is free of charge except for the cost of connecting using the telecommunications network provided by the subscribed access provider. Certain services are exclusive to our investors and their access is restricted.
Certain services of the Portal accessible to the User may be subject to specific conditions, regulations and instructions which, where applicable, replace, supplement and/or amend this Legal Notice and which must be accepted by the User before the corresponding service is provided. Similarly, in cases where it is necessary to enter a username (“username”) and password (“password”) in order to make use of any of the services included in the Portal, Users undertake to use them diligently and not to make their username and password available to third parties. Furthermore, they must inform Atitlan as soon as possible if these data are lost, stolen or under any other circumstances that may have compromised their secrecy.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Portal, including but not limited to text, graphics, images, photographs, icons, technology, software, links and other audio-visual or audio content, as well as its graphic design and source codes (the “Contents”), are the intellectual property of Atitlan or of third parties. No exploitation rights recognised by current legislation on intellectual property may be deemed to have been transferred to the User, except those that are strictly necessary for the use of the Portal.
The brands, commercial names or distinctive signs are the property of Atitlan or third parties, and it will not be deemed that access to the Portal attributes any right over the abovementioned brands, commercial names and/or distinctive signs.
3. CONDITIONS OF USE OF THE PORTAL
Users undertake to use the Portal correctly pursuant to the Law and this Legal Notice. Users will be liable to Atitlan or to third parties for any damages that may be caused as a consequence of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes that harm the property or interests of Atitlan or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Atitlan or third parties.
If Users register, they undertake: (i) to provide truthful and accurate information as requested and to keep it updated; (ii) to properly safeguard their username and password provided by Atitlan, as identifying and enabling factors for access to certain services offered on the Portal, undertaking not to transfer their use or to allow access to them by third parties; (iii) to inform Atitlan, as soon as possible, of the loss or theft of their username and/or password as well as any risk of access to them by a third party; and (iv) not to use false identities, nor to impersonate the identity of others when using the Portal or any of the services of the Portal, including using passwords, as the case may be.
Users undertake to use the Contents pursuant to the Law and this Legal Notice, as well as any other conditions, regulations and instructions that may be applicable according to the provisions of Clause 1. By way of example only, Users, pursuant to the legislation in force, must refrain from:
a) Reproducing, copying, distributing, making available, publicly disclosing, transforming or amending the Contents except in cases authorised by law or expressly consented to by Atitlan or by whoever holds the ownership of the exploitation rights, where applicable.
b) Extracting and/or reusing all or a substantial part of the Content that Atitlan makes available through the Portal.
3.3 Data collection forms
Without prejudice to the provisions of Clause 5 of this Legal Notice, as well as the privacy policies accessible on the Portal and which may be applicable at any given time, the use of certain services or requests made to Atitlan are subject to the prior completion of the corresponding User registration.
All the information provided by Users through the forms on the Portal for the abovementioned purposes or any other must be truthful. For this purpose, Users guarantee the authenticity of all data provided and will keep the information provided to Atitlan fully up-to-date so that it corresponds, at all times, to the User’s real situation. In any case, Users will be solely responsible for any false or inaccurate statements made and for any damages caused to Atitlan or third parties due to the information provided.
3.4 Establishing links to the Portal
Internet users who wish to establish links from their own websites to the Portal must fulfil the conditions set out below. Failure to comply with these conditions will not prevent them from incurring any liability under the Law:
a) Links may only link to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of texts, graphics, etc.).
b) It is forbidden in all cases, pursuant to the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deceit in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Atitlan; or (IV) is in any other way prohibited by current legislation.
c) No false, inaccurate or incorrect statements about Atitlan, its partners, employees, investors or the activities or services it provides may be made from the website that establishes the link.
d) Under no circumstances will it be expressed on the page where the link is located that Atitlan has given its consent for the link to be inserted or that in any other way it sponsors, collaborates, verifies or supervises the services of the referrer.
e) It is forbidden to use any word, graphic or mixed brand or any other distinctive sign of Atitlan within the page of the referrer except in cases permitted by law or authorised in writing by Atitlan and provided that, in such cases, a direct link to the Portal is permitted in the manner laid down in this clause.
f) The website that establishes the link must fully comply with the law and may not under any circumstances provide or link to its own content or that of third parties that: (I) is unlawful, harmful or contrary to morals and good customs (content that is pornographic, violent, racist, etc.); (II) misleads or may mislead the user into believing that Atitlan subscribes to, endorses, supports, adheres to or in any way advocates legal or illegal ideas, statements or expressions of the sender; (III) are inappropriate or not relevant to the activity of Atitlan in relation to the place, content and subject matter of the referrer’s website.
4.1 For information
Access to the Portal does not imply any obligation by Atitlan to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the Portal. The contents of this page are of a general nature and do not in any way comprise the provision of an advisory service, nor the recommendation to conduct any kind of legal business, or any other kind, and therefore this information is insufficient for the User to make personal or business decisions.
The information contained in the Portal may not be deemed under any circumstances to be an assessment by an independent expert, nor may it be deemed to be investment advice. It is for information and guidance purposes only, and is intended as an introduction, and no analysis has been conducted on the investor profiles or characteristics of the recipients of the information contained therein, nor on its suitability or convenience, and the information is presented in a generic manner, and is not intended for a specific profile or for a single addressee. Similarly, this information may not be deemed to be an analysis report or a recommendation addressed to the general public.
Atitlan will not be liable for the decisions taken based on the information provided on the Portal nor for any damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 For quality of service
Access to the Portal does not imply any obligation by Atitlan to ensure the absence of viruses, worms or any other harmful computer malware. In any case, Users are responsible for the availability of adequate tools for detecting and disinfecting harmful computer programs.
Atitlan is not liable for any damage caused to the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 For availability of the service
Access to the Portal requires services and supplies from third parties, which include transport through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of Atitlan. As a consequence, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or during the provision of the Portal service.
Atitlan is not liable for damages of any kind caused to Users as a result of faults or disconnections in the telecommunication networks that cause the suspension, cancellation or interruption of the Portal’s service during the provision of the same or prior to it.
4.4 For the contents and services linked through the Portal
The service of access to the Portal includes technical linking devices, directories and even search tools that enable Users to access other internet pages and portals (the “Linked Sites”). In such cases, Atitlan acts as an intermediary service provider pursuant to article 17 of the LSSI and will only be liable for the content 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 Users deem that there is a Linked Site with unlawful or inappropriate content, they may notify Atitlan pursuant to the procedure and the effects laid down in Clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances will the existence of Linked Sites imply the existence of agreements with the managers or owners of such sites, nor that Atitlan recommends, promotes or identifies with the statements, content or services provided.
Atitlan does not know the contents and services of the Linked Sites and, as such, is not liable for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Atitlan.
5. PERSONAL DATA PROTECTION
6. REPORTING ACTIVITIES OF AN UNLAWFUL AND INAPPROPRIATE NATURE
In the event that Users or any other internet user become aware that the Linked Sites refer to pages whose content or services are unlawful, harmful, denigrating, violent or contrary to morality, they may inform Atitlan, stating the following points:
a) Personal details of the communicating party: name, address, telephone number and email address;
b) Description of the facts revealing the unlawful or inappropriate nature of the Linked Site;
c) In the case of violation of rights, such as intellectual and industrial property rights, the personal data of the holder of the violated right when this is a person other than the communicating party. They must also provide the document accrediting the legitimacy of the copyright holder and, where applicable, the document of representation to act on behalf of the holder when they are a person other than the communicating party;
d) An express declaration that the information contained in the claim is accurate. In accordance with the provisions of the LSSI, the receipt by Atitlan of the communication foreseen in this clause will not imply effective knowledge of the activities and/or contents indicated by the communicating party.
7. LAW AND JURISDICTION
This Legal Notice is governed in each and every one of its aspects by Spanish law.
You can send us your request for rights in relation to the Data Protection Regulation by filling in the form below.