Legal Notice

1) IDENTIFICATION

This Legal Notice governs the use of the website HTTP://WWW.GENAQ.COM/ (hereinafter, the WEBSITE), which is owned by GENAQ TECHNOLOGIES, S.L. (hereinafter, the WEBSITE OWNER).

In compliance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the WEBSITE OWNER hereby informs you that:

Its registered company name is: GENAQ TECHNOLOGIES, S.L.
Its trading name is: GENAQ TECHNOLOGIES, S.L.
Its Tax Identification Number (CIF) is: B56073117.
Its registered office is located at: CALLE POLÍGONO INDUSTRIAL SANTOS S/N, LUCENA, CÓRDOBA, POSTCODE 14900.

To contact us, the following means of communication are available:

Telephone: 957 510 752
Email: LOPD@GENAQ.COM

All notices and communications between users and the WEBSITE OWNER shall be considered valid and effective for all purposes when made by post or through any of the other means detailed above.

2) USERS

Access to and/or use of this portal belonging to the WEBSITE OWNER, which created the website, grants the status of USER. By accessing and/or using the website, the USER accepts the General Terms and Conditions of Use set out herein. These Terms and Conditions shall apply regardless of any General Terms and Conditions of Contract that may also be mandatory.

3) USE OF THE PORTAL

Access to the website and its services is open and free of charge. However, the WEBSITE OWNER may make the use of certain services offered on the website conditional upon the prior completion of the corresponding form in order to become a registered user of the portal.

The user guarantees that all information provided to the WEBSITE OWNER is authentic and up to date and shall be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make proper use of the WEBSITE OWNER’s content and services and not to use them for purposes including, but not limited to, the following:

• Disseminating criminal, violent, pornographic, racist, xenophobic or offensive content, content that advocates terrorism or, in general, content that is contrary to the law or public order.
• Introducing computer viruses into the network or carrying out actions that may alter, damage, interrupt or cause errors or harm to the electronic documents, data, hardware or software systems of the WEBSITE OWNER or third parties, or obstructing other users’ access to the website and its services through the excessive consumption of the IT resources used by the WEBSITE OWNER to provide its services.
• Attempting to access other users’ email accounts or restricted areas of the IT systems of the WEBSITE OWNER or third parties and, where applicable, extracting information.
• Infringing intellectual or industrial property rights or violating the confidentiality of information belonging to the WEBSITE OWNER or third parties.
• Impersonating another user, a public authority or a third party.
• Reproducing, copying, distributing, making available or otherwise publicly communicating, transforming or modifying the content, unless authorised by the holder of the corresponding rights or legally permitted to do so.
• Collecting data for advertising purposes or sending advertising of any kind, sales communications or other commercial communications without prior request or consent.

4) PRIVACY POLICY

The WEBSITE OWNER wishes to inform the users and customers of its website about the policy applied to the processing and protection of the personal data of individuals who voluntarily use the contact forms to communicate with the WEBSITE OWNER, as well as those who access its website in a manner involving the disclosure of their personal data to the WEBSITE OWNER.

A. Identification of the Data Controller

The WEBSITE OWNER, holder of Tax Identification Number B56073117, informs the users and customers of its website of the existence of an automated record of personal data processing activities known as “CUSTOMERS”, in which the personal data provided by users and customers is collected and stored for the purpose of managing their requests.

B. Updating the Policies

The WEBSITE OWNER may amend this Privacy Policy without prior notice whenever necessary to adapt it to any legislative, regulatory, case-law or administrative changes, to comply with instructions issued by the Spanish Data Protection Agency, or for any other legitimate purpose.

Notwithstanding the above, any amendment to this policy shall be published and announced on the WEBSITE OWNER’s website. The WEBSITE OWNER therefore recommends that users review these policies periodically in order to remain informed of any changes made to them.

C. Purpose of the Record of Processing Activities

The WEBSITE OWNER does not request personal data from visitors to its website, except for basic identification details. Therefore, users shall only be considered to have disclosed personal data to the WEBSITE OWNER through the website when they voluntarily use the contact form or other communication channels to contact the WEBSITE OWNER, since in such cases the processing of the data is unavoidable and inherent to the communication system.

In these cases, and in the cases described in the following section, the company informs customers that their data is processed for the following purposes:

To perform all activities related to preparing quotations, entering into agreements and providing the WEBSITE OWNER’s services to the company to which the individual belongs or, where applicable, to the interested party requesting them; to handle and respond to communications received; and to carry out commercial prospecting activities in order to inform users of potential promotions.

D. Consent

Users who do not have a commercial relationship with the WEBSITE OWNER and who send an email or other communication to the WEBSITE OWNER containing personal data are informed that, by doing so, they provide their free, unambiguous, specific, informed and express consent to the processing of their personal data by the WEBSITE OWNER for the purposes set out above, as well as for responding to their communication or sending documentation.

For the same purposes, the WEBSITE OWNER informs customers that, when they send an email or otherwise disclose personal data to the WEBSITE OWNER due to their position within a company, whether as an administrator, manager, representative and/or any other role acting as the company’s contact person, such communication shall be understood to entail their free, unambiguous, specific, informed and express consent to the processing of their personal data by the WEBSITE OWNER for the purposes set out above.

E. Identification of Recipients to Whom the WEBSITE OWNER Intends to Transfer Data or Grant Access on Behalf of Third Parties

The WEBSITE OWNER only intends to transfer or disclose data when required to do so under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, hereinafter the GDPR, in order to comply with its obligations towards public authorities, public bodies or individuals directly associated with the WEBSITE OWNER, where required under the legislation in force at the relevant time and in the relevant area, or where the user has expressly consented to such disclosure.

The WEBSITE OWNER also informs users that any other disclosure of data shall be brought to their attention whenever required by the GDPR. Users shall be informed expressly, precisely and unambiguously of the recipients of the information, the purpose for which the data will be used and the nature of the data transferred. Where required by the GDPR, the user’s prior, unambiguous, specific and informed consent shall be requested.

Nevertheless, the WEBSITE OWNER informs users and customers that all processing of personal data is subject to the legislation currently in force in Spain on data protection, as established by the GDPR and its supplementary and implementing regulations. In this regard, the WEBSITE OWNER is only responsible for, and only guarantees the confidentiality of, personal data requested from users through the website.

F. Data Quality

The WEBSITE OWNER informs users that, unless they hold legally constituted powers of representation, no user may use another person’s identity or disclose another person’s personal data.

Users must therefore ensure at all times that they only provide personal data corresponding to their own identity and that such data is appropriate, relevant, current, accurate and truthful.

For these purposes, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the WEBSITE OWNER as a result of using another person’s personal data, or as a result of providing their own personal data when it is false, incorrect, outdated, inappropriate or irrelevant.

A user who uses a third party’s personal data shall also be responsible towards that third party for complying with the information obligations established under the GDPR when the personal data has not been collected directly from the data subject, and/or for the consequences of failing to provide such information.

G. Exercise of the Rights of Access, Rectification, Restriction of Processing, Data Portability, Erasure, Objection to Processing and Deletion of Data

The WEBSITE OWNER informs users that they may exercise their rights of access, rectification, restriction of processing, data portability, objection to processing and erasure of their data, as well as their right to lodge a complaint with the Supervisory Authority.

These rights may be exercised by sending a written request to the WEBSITE OWNER at the following address:

CALLE POLÍGONO INDUSTRIAL SANTOS S/N

Alternatively, users may send an email to LOPD@GENAQ.COM.

In both cases, a copy of the user’s National Identity Document or identity card must be attached.

H. Use of Forms to Collect Personal Data

In the contact forms available on the website through which personal data is collected, users must expressly consent to and acknowledge the Privacy Policy before submitting their data by ticking the box stating, “I have read and accept the Privacy Policy.”

Users may access the content of the Privacy Policy through the accompanying link, which directs them to this Legal Notice.

Where the user does not tick the corresponding box, the data contained in the form shall not be submitted.

I. Security Measures Adopted in Relation to the Processing of Personal Data

The WEBSITE OWNER informs users that, in accordance with the GDPR, it has implemented the technical and organisational measures necessary to guarantee the security of personal data and prevent its alteration, loss, unauthorised processing or unauthorised access, taking into account the state of technology, the nature of the data stored and the risks to which it is exposed.

The WEBSITE OWNER also guarantees compliance with its duty of professional secrecy regarding users’ personal data and its duty to safeguard such data.

J. Further Information on the Privacy Policy

Further information regarding our Privacy Policy may be obtained by clicking the following link on our website:

[Insert link to the detailed Privacy Policy provided to us.]

5) INTELLECTUAL AND INDUSTRIAL PROPERTY

Pursuant to the legislation currently in force governing intellectual property, the reproduction, distribution and public communication, including making available, of all or part of the content of this website—including texts, photographs, graphics, images, icons, technology, software, graphic design and source code—for commercial purposes, on any medium and by any technical means, is expressly prohibited without the authorisation of the WEBSITE OWNER.

All content on the website constitutes a work owned by the WEBSITE OWNER. No exploitation rights over such content shall be deemed to have been transferred to the user, except to the extent strictly necessary for the proper use of the website.

Users who access this website may view its content and, where applicable, make authorised private copies, provided that the reproduced elements are not subsequently transferred to third parties, installed on servers connected to networks or used for any form of commercial exploitation.

Furthermore, all trademarks, trading names and distinctive signs of any kind appearing on the website are owned by the WEBSITE OWNER. The use of or access to the website shall not be understood to grant users any rights over them.

The establishment of a hyperlink shall not under any circumstances imply the existence of a relationship between the WEBSITE OWNER and the owner of the website on which the hyperlink is placed, nor shall it imply the WEBSITE OWNER’s acceptance or approval of the content or services of that website.

Anyone intending to establish a hyperlink must first request written authorisation from the WEBSITE OWNER.

In all cases, the hyperlink may only provide access to the homepage or main page of our website. The person establishing the hyperlink must also refrain from making false, inaccurate or incorrect statements or representations concerning the WEBSITE OWNER or from including unlawful content or content contrary to accepted standards of conduct or public order.

The WEBSITE OWNER shall not be responsible for the use made by individual users of the materials available on this website or for any actions taken on the basis of such materials.

6) DISCLAIMER OF WARRANTIES AND LIABILITY

The content of this website is general in nature and is provided solely for information purposes. Full access to all content is not guaranteed, nor are its completeness, correctness, validity, currentness, suitability or usefulness for any specific purpose.

To the fullest extent permitted by law, the WEBSITE OWNER excludes all liability for damages of any kind arising from:

• The inability to access the website or the lack of truthfulness, accuracy, completeness and/or currentness of its content, as well as the existence of faults and defects of any kind in content transmitted, distributed, stored or made available through the website or the services offered through it.
• The presence of viruses or other elements in the content that may alter users’ computer systems, electronic documents or data.
• Any failure to comply with the law, good faith, public order, generally accepted practices or this Legal Notice as a result of the improper use of the website.

In particular, and by way of example, the WEBSITE OWNER shall not be liable for actions by third parties that infringe intellectual or industrial property rights, trade secrets, rights to honour, personal and family privacy or personal image, or legislation concerning unfair competition and unlawful advertising.

7) AMENDMENT AND DURATION OF THESE TERMS AND CONDITIONS

The WEBSITE OWNER may amend these Terms and Conditions at any time. Any amendments shall be duly published in the same manner as the current Terms and Conditions.

These Terms and Conditions shall remain valid for as long as they are displayed and shall remain in force until they are replaced by other duly published Terms and Conditions.

8) LINKS

The WEBSITE OWNER accepts no liability for information located outside this website that is not directly managed by our webmaster.

The sole purpose of the links appearing on this website is to inform users of the existence of other sources that may expand upon the content offered on this website.

The WEBSITE OWNER does not guarantee and shall not be responsible for the operation or accessibility of linked websites.

The WEBSITE OWNER does not suggest, invite or recommend that users visit such websites and shall therefore not be responsible for any results obtained from visiting them.

The WEBSITE OWNER shall not be responsible for hyperlinks established by third parties.

9) RIGHT OF EXCLUSION

The WEBSITE OWNER reserves the right to deny or withdraw access to the portal and/or the services offered, without prior notice, on its own initiative or at the request of a third party, in relation to users who fail to comply with these General Terms and Conditions of Use of the Portal.

10) GENERAL PROVISIONS

Where any user or third party considers that facts or circumstances exist that indicate the unlawful nature of the use of any content and/or the performance of any activity on webpages included in or accessible through the website, they must send a notice to the WEBSITE OWNER.

The notifying party must properly identify themselves, specify the alleged infringements and expressly declare, under their own responsibility, that the information provided in the notice is accurate.

11) PUBLICATIONS

Administrative information provided through the website does not replace the official publication of laws, regulations, plans, general provisions and acts that must be formally published in the official journals of public authorities, which constitute the only legally authoritative record of their authenticity and content.

The information available on this website must be understood solely as a guide.

12) GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in relation to any matters not expressly regulated herein.

The service provider and the user agree to submit any dispute arising from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the user’s place of residence.

Where the user resides outside Spain, the service provider and the user expressly waive any other jurisdiction and agree to submit to the courts and tribunals of the place in which the WEBSITE OWNER has its registered office.