Legal Notice

LEGAL NOTICE AND TERMS OF USE OF THE PORTAL

In order to comply with Article 10 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform users of our data:

Corporate Name: Balcam Diagonal, SL

Registered Office: Av. Diagonal 520, principal 3º, 08006 Barcelona

Tax Identification Number (NIF): B64678816

Phone: +34 934 14 26 67

E-Mail: diagonal@balcamdg.es

Website: www.balcamdg.es

1. OBJECT

Balcam Diagonal, SL (hereinafter also the provider), as the responsible party for the website, provides users with this document that regulates the use of the website WWW.BALCAMDG.ES. We aim to fulfill the obligations set forth in Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE or LSSI), as well as inform all users of the website about the conditions of use of the website.

Through the website, Balcam Diagonal, SL provides users with access and use of various services and content made available through the website.

Anyone who accesses this website assumes the role of a user (hereinafter, the user), and implies full and unreserved acceptance of each and every provision included in this legal notice, as well as any other legal provisions that may be applicable.

As users, you must carefully read this Legal Notice each time you enter the website since it may be modified as the provider reserves the right to modify any type of information that may appear on the website, without the obligation to pre-notify or inform users of these obligations, with the publication on the provider’s website being sufficient.

2. TERMS OF ACCESS AND USE OF THE WEBSITE

2.1. FREE NATURE OF ACCESS AND USE OF THE WEBSITE

The provision of services by Balcam Diagonal, SL is free of charge for all Users. However, some of the services provided by the provider through the Website are subject to the payment of a specific price under the general contracting conditions.

2.2. USER REGISTRATION

In general, the provision of the Services does not require prior subscription or registration of users. However, Balcam Diagonal, SL conditions the use of some of the services to the prior completion of the corresponding User registration. This registration will be done in the manner expressly indicated in the respective section of the service.

2.3. TRUTHFULNESS OF INFORMATION

All information provided by the User must be truthful. To these effects, the User guarantees the authenticity of the data communicated through the forms for the subscription of the Services. It will be the responsibility of the User to keep all the information provided to Balcam Diagonal, SL permanently updated so that it corresponds, at all times, to their actual situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to the provider or third parties.

2.4. MINORS

For the use of the services, minors must always obtain the prior consent of their parents, guardians, or legal representatives, who are ultimately responsible for all acts performed by minors in their care. The responsibility for determining specific content that minors access lies with the adults, which is why if they access inappropriate content on the Internet, mechanisms, especially computer programs, filters, and blocks, must be established on their computers to limit the available content. Despite being not infallible, these are particularly useful for controlling and restricting materials that minors can access.

2.5. OBLIGATION TO MAKE PROPER USE OF THE WEBSITE

The User agrees to use the Website in accordance with the Law and this Legal Notice, as well as morals and good customs. To this end, the User shall refrain from using the page for unlawful or prohibited purposes, harmful to the rights and interests of third parties, or which in any way may damage, disable, overburden, impair, or impede the normal use of computer equipment or documents, files, and all kinds of content stored on any computer equipment of the provider.

In particular, and merely indicative but not exhaustive, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software, and, in general, any kind of material that:

• Is contrary to, despises, or violates fundamental rights and public freedoms constitutionally recognized in international treaties and other current regulations;
• Induces, incites, or promotes criminal actions, denigratory, defamatory, violent or, in general, contrary to the law, morals, and public order;
• Induces, incites or promotes discriminatory acts, attitudes or thoughts based on sex, race, religion, beliefs, age, or condition;
• Is contrary to the right to honor, personal or family privacy, or the image of individuals;
• In any way damages the credibility of the provider or third parties; and
• Constitutes illegal, deceptive, or unfair advertising.

3. DISCLAIMER OF WARRANTIES AND LIABILITY

The provider disclaims any liability for the information published on our website, provided that this information has been manipulated or introduced by a third party unrelated to us.

This website has been reviewed and tested to work properly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the provider does not rule out the possibility that certain programming errors may occur, or that causes of force majeure, natural disasters, strikes, or similar circumstances may make it impossible to access the website.

Balcam Diagonal, SL does not grant any warranty nor is it responsible, in any case, for any damages of any nature that may arise from the lack of availability, maintenance, and effective operation of the website or its services and content; the existence of viruses, malicious or harmful programs in the content; the illegal, negligent, fraudulent, or contrary use of this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness, and availability of the services provided by third parties and made available to users on the website.

Under no circumstances shall the provider be liable for any damages that may result from the illegal or improper use of this website.

4. COOKIES

The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to perform certain functions that are considered essential for the proper functioning and display of the site. The cookies used are, in any case, temporary, with the sole purpose of making navigation more efficient.

Under no circumstances will cookies be used to collect personal information.

For more information, please see our Cookie Policy.

5. LINKS

From the website, it is possible that you may be redirected to third-party content. Since we cannot always control the content posted by third parties on our website, Balcam Diagonal, SL assumes no responsibility for this content. In any case, the provider states that it will proceed to the immediate withdrawal of any content that may contravene national or international legislation, morality, or public order, proceeding to the immediate withdrawal of the redirection to these websites and informing the competent authorities of the content in question.

The provider is not responsible for the information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks, or any other means that allows third parties to publish content independently of the provider’s website. However, in compliance with the provisions of articles 11 and 16 of the LSSICE, the provider makes himself available to all users, authorities, and security forces, and actively collaborates in the withdrawal or, when necessary, blocking of all content that may affect or contravene national or international law, the rights of third parties, or morality and public order. In the event that the user believes that there may be any content that could be susceptible to this classification, please notify the website administrator immediately.

6. PERSONAL DATA PROTECTION

The provider is deeply committed to complying with the regulations on the protection of personal data and guarantees full compliance with the obligations set forth, as well as the implementation of security measures provided for in the European Data Protection Regulation and Spanish data protection regulations. For more information, please see our Privacy Policy.

7. SOCIAL NETWORKS

We inform you that Balcam Diagonal, SL may be present on social networks. The processing of data that users include in them [by becoming followers of the provider on social networks (and/or by performing any linking or action of connection through these)] will be governed by this section, as well as by the terms of use, privacy policies, and regulations for access and use of the social networks in question that have been previously accepted by the user. Balcam Diagonal, SL will process your data with the purpose of informing you of the activities, products, or services of the provider through these social networks, as well as for any other purpose that the regulations of the Social Networks allow, but will not be responsible for their privacy policies.

The publication of content is prohibited:

• That is allegedly unlawful by national, community, or international regulations or that carries out allegedly illegal activities or contravenes the principles of good faith.
• That threatens the fundamental rights of people, is disrespectful on the network, disturbs or may generate negative opinions in our users or third parties, and, in general, any content that Balcam Diagonal, SL considers inappropriate.
• And, in general, that contravenes the principles of legality, honesty, responsibility, the protection of human dignity, the protection of minors, the protection of public order, the protection of privacy, consumer protection, and intellectual and industrial property rights.

Likewise, Balcam Diagonal, SL reserves the right to withdraw, without prior notice from the website or corporate social network, any content that is deemed inappropriate.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, photographs, and/or graphics, are the property of the provider or, if necessary, have a license or express authorization by the authors. All website content is duly protected by intellectual and industrial property regulations.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution, and public communication require prior written authorization from the provider. Any unauthorized use previously authorized by the provider will be considered a serious breach of the intellectual or industrial property rights of the author.

Designs, logos, text, and/or graphics unrelated to the provider and that may appear on the website belong to their respective owners, who are responsible for any possible controversy that may arise regarding them. In any case, the provider has the express and prior authorization from the owners.

The provider acknowledges the corresponding industrial and intellectual property rights in favor of their owners, with no mention or appearance on the website implying the existence of rights or any responsibility of the provider over them, nor endorsement, sponsorship, or recommendation by the provider.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the website’s content, please do so through the email address provided above.

9. APPLICABLE LAW AND JURISDICTION

For the resolution of disputes or issues related to this website or the activities developed therein, Spanish law shall apply, to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to its use the Courts and Tribunals of Barcelona.