TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

IDENTIFICATION DATA

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following data is reflected below: the owner of the Estamfibra.com website is ESTAMFIBRA SL (hereinafter ESTAMFIBRA) with registered office at Calle Germans Vallsi Forne s/n, 17450, Hostalric, Girona and contact email: 

administración@estamfibra.com

DATA PROTECTION

ESTAMFIBRA wishes to inform users and clients of its website of the policy it has implemented regarding the processing and protection of personal data of those people who voluntarily use the contact forms to contact ESTAMFIBRA, as well as access to its own website, which involves the communication of their personal data to ESTAMFIBRA.

1.- Identification of the person responsible for the file
ESTAMFIBRA informs the user and client of its website of the existence of an automated personal data file called CLIENTS, where the personal data that the user and client communicate to it are collected and stored in order to manage their request.

2.- Updating the policies
ESTAMFIBRA will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or in order to adapt said policy to the instructions issued by the Data Protection Agency or legitimate object of ESTAMFIBRA. Any modification of this policy notwithstanding the above, will be published and announced on the ESTAMFIBRA website, and in the policy itself. For all the above, ESTAMFIBRA recommends that users periodically read these policies in order to be aware of the changes made to them.

3.- Purpose of the file
ESTAMFIBRA does not request data from users who visit its website, except for merely identifying data. Therefore, the communication of personal data by the user to ESTAMFIBRA through its website can only be understood to take place when they voluntarily use the contact form service to contact ESTAMFIBRA, given that in these cases the processing of data is inevitable and implicit in the communication system. For these cases and those described in the following section, the entity informs the client that the processing of data is carried out for the following purposes: To carry out all the procedures related to the preparation of budgets, contracting and provision of ESTAMFIBRA services to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as to attend to and respond to communications received and those for commercial prospecting – to keep users informed of possible promotions.

4.- Consent
It is hereby stated that when the user does not have commercial relations with ESTAMFIBRA, and sends an email or communication to ESTAMFIBRA, indicating other personal data, said user will be giving his/her free, unequivocal, specific, informed and express consent for the processing of his/her personal data by ESTAMFIBRA, for the purposes established above, as well as to attend to his/her communication or send documentation.

For the same purposes, ESTAMFIBRA informs that, if the client sends an email or communicates to ESTAMFIBRA his/her personal data due to the position he/she holds in a company – whether as administrator, manager, representative and/or any other position as a contact person in the company – it will be understood that such communication entails the provision of his/her free, unequivocal, specific, informed and express consent for the processing of his/her personal data by ESTAMFIBRA for the purposes established above.

5.- Identification of the recipients to whom ESTAMFIBRA plans to transfer or provide access to data on behalf of third parties ESTAMFIBRA only plans to transfer or communicate data that, pursuant to article 11.2.c. of Organic Law 15/99 on the protection of personal data (hereinafter LOPD), it must carry out in order to meet its obligations to Public Administrations, Organizations or persons directly related to ESTAMFIBRA, in cases where this is required in accordance with the legislation in force in each matter and at any given time.

ESTAMFIBRA also informs the user that any other transfer of data that must be made will be made known to him/her when so provided for by the LOPD, informing him/her expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the transferred data, or where appropriate, when the LOPD so establishes, the specific and informed unequivocal consent of the user will be requested beforehand.

However, ESTAMFIBRA informs the user and the client that any processing of personal data is subject to the current legislation in Spain on data protection, established by the LOPD and its complementary and development regulations. In this sense, ESTAMFIBRA is only responsible for and guarantees the confidentiality of the personal data that it requests from the user through the Web page.

6.- Data quality
ESTAMFIBRA warns the user that, unless there is a legally constituted representation, no user may use the identity of another person and communicate their personal data, so the user must always bear in mind that they can only include personal data corresponding to their own identity and that are adequate, pertinent, current, exact and true. For such purposes, the user will be the only person responsible for any direct and/or indirect damage caused to third parties or to ESTAMFIBRA by the use of another person’s personal data, or their own personal data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party will be liable to the latter for the obligation to provide information established in article 5.4 of the LOPD for when the personal data has not been collected from the interested party, and/or for the consequences of not having informed them.

7.- Exercise of the rights of access, opposition, rectification and cancellation of data ESTAMFIBRA informs the user of the possibility of exercising their rights of access, rectification, cancellation and opposition by means of a written request addressed to ESTAMFIBRA, through the following email address: administracion@estamfibra.com

8.- Use of forms for the collection of personal data by ESTAMFIBRA includes a legend on the data collection form, where all the conditions for the processing of personal data are indicated in accordance with article 5 of the LOPD, such as the obligatory or optional nature of the response to the questions posed, the consequences of obtaining the data or of refusing to provide them, the purposes of the collection, the possible transfers that are carried out, and the consent for the processing of personal data that are carried out.

9.- Security measures adopted in relation to the processing of personal data
ESTAMFIBRA informs the user that, in accordance with the provisions of the LOPD and the Regulation on Security Measures, it has adopted the necessary technical and organisational measures to guarantee the security of personal data and prevent unauthorized alteration, loss, processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. ESTAMFIBRA also guarantees the user compliance with the duty of professional secrecy regarding the personal data of users and the duty to store them.

USERS

Access and/or use of this ESTAMFIBRA portal attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected here. The aforementioned Conditions will be applicable independently of the General Conditions of Contract that may be mandatory.

USE OF THE PORTAL

This portal provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to ESTAMFIBRA or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or contents. In this registration, the USER will be responsible for providing truthful and lawful information. As a result of this registration, the USER may be provided with a password for which he/she will be responsible, agreeing to make diligent and confidential use of it. The USER agrees to make appropriate use of the contents and services (such as chat services, discussion forums or news groups) that ESTAMFIBRA offers through its portal and, by way of example but not limited to, not to use them to (i) engage in illicit, illegal activities or activities contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights; (iii) cause damage to the physical and logical systems of ESTAMFIBRA, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. ESTAMFIBRA reserves the right to remove all comments and contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or security or that, in its opinion, are not suitable for publication. In any case, ESTAMFIBRA will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.

INTELLECTUAL AND INDUSTRIAL PROPERTY

ESTAMFIBRA, by itself or as an assignee, is the owner of all intellectual and industrial property rights of its website, as well as the elements contained therein (for example, images, sound, audio, video, software or texts; brands or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by ESTAMFIBRA or its licensors. All rights reserved. Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of ESTAMFIBRA, is expressly prohibited. The USER undertakes to respect the intellectual and industrial property rights owned by ESTAMFIBRA. You may view the elements of the portal and even print, copy and store them on your computer’s hard drive or any other physical medium, provided that this is solely and exclusively for your personal and private use. The USER must refrain from deleting, altering, circumventing or manipulating any protection device or security system installed on the pages of Estamfibra.com

EXCLUSION OF WARRANTIES AND LIABILITY

ESTAMFIBRA is not responsible, under any circumstances, for damages of any kind that may be caused by, for example: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having adopted all the necessary technological measures to avoid it.

MODIFICATIONS

ESTAMFIBRA reserves the right to make any changes it deems appropriate to its portal without prior notice, and may change, delete or add content and services provided through it, as well as the way in which they are presented or located on its portal.

LINKS

In the event that Estamfibra.com contains links or hyperlinks to other Internet sites, ESTAMFIBRA will not exercise any type of control over said sites and content. In no case will ESTAMFIBRA assume any responsibility for the content of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

RIGHT OF EXCLUSION

ESTAMFIBRA reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use.

GENERAL INFORMATION

ESTAMFIBRA will pursue non-compliance with these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may be applicable by law.

MODIFICATION OF THESE CONDITIONS AND DURATION

ESTAMFIBRA may modify the conditions set forth herein at any time, being duly published as they appear here. The validity of the aforementioned conditions will depend on their presentation and will remain in force until they are modified by others duly published.

APPLICABLE LEGISLATION AND JURISDICTION

The relationship between ESTAMFIBRA and the USER will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the city of Catalonia.