INFORMATION SOCIETY SERVICES ACT (LSSI)
SENSALIA LABS S.L., webmaster for the website, hereinafter WEBMASTER, makes this document available to Users in compliance with the obligations set forth in Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services (LSSICE for its acronym in Spanish), as well as to inform all Users of the Website’s terms and conditions of use.
Anyone who visits this website assumes the role of User, agreeing to strictly observe and comply with the provisions herein, as well as any other applicable legal provision.
SENSALIA LABS S.L. reserves the right to modify any information that may appear on the website, and is under no obligation to give prior notice or inform Users of such modifications, as their publication on the SENSALIA LABS, S.L. website serves this purpose.
1. IDENTIFICATION DATA
Corporate name: SENSALIA LABS S.L.
Trade name: SENSALIA LABS
CIF (Spanish Tax ID Number): B63591630
Address: Ctra. Vallveric 85 2-3 (SENSALIA LABS S.L.) Mataró, 08304, Barcelona, Spain
Email: info@sensalialabs.com
2. PURPOSE
We use our Website to offer Users information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain contents or services, Users must guarantee their truthfulness, accuracy, authenticity and validity. The company will automatically process said data according to their nature or purpose, under the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and agrees that all content displayed on the Website, specifically designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of business. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, and will not hold the company liable for any claim that may arise from the breach of such obligations. Under no circumstances does access to the Website imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the Website do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for that purpose by the company or the third-party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this space, as well as the entire space itself, as a multimedia artistic work, are protected as copyrights under intellectual property law. The company is the owner of the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, text, images, textures, graphics and any other content of the Website and, in any event, has the corresponding authorisation to use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written permission of the aforementioned company.
It is also forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain content. The User of this Website agrees to respect the aforementioned rights and to refrain from any actions that could infringe upon them, the company reserving the right to exercise any applicable legal means or actions in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User agrees:
To use the Website as well as its contents and services in a correct and legal way, in accordance with: (i) applicable law, (ii) the General Terms and Conditions of Use of the Website, (iii) generally accepted moral conventions and (iv) public order.
Provide all the means and technical requirements needed to access the Website.
To provide truthful information when filling in the forms on the Website with their personal data and to keep them updated at all times so that they reflect the User’s actual situation. The User will be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties because of the information provided.
Notwithstanding the provisions of the preceding paragraph, the User will also refrain from:
Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Terms and Conditions of Use, that are harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all other type of content stored in any computer equipment.
Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
Introducing or disseminating computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
Attempting to access, use and/or manipulate the data of the company, third party providers and other Users.
Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless it is legally permitted or authorised by the holder of the corresponding rights.
Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties associated with the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
Obtaining and attempting to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the internet because they do not entail a risk of damage or disablement of the Website and/or the contents.
In particular, and including, but not limited to the following, the User agrees not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: • In any way breaches, disparages or infringes upon fundamental rights and public liberties recognised in the Constitution, in international treaties and in the rest of the legislation in force. • Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, any actions that are against the law, generally accepted moral conventions and public order. • Induces, incites or promotes criminal, denigratory, defamatory or violent actions. • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition. • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, against the law, generally accepted moral conventions and public order. • Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites others to engage in dangerous practices or practices that put health and psychological balance at risk or harm. • Is protected by intellectual or industrial protection laws that apply to the company or third parties without having been authorised for the intended use. • Violates a person’s honour, personal and family privacy or own image. • Constitutes any type of publicity. • Includes any type of virus or program that prevents the Website from operating normally.
If the User is provided with a password to access any of the services and/or contents of the Website, the User agrees to use it carefully and to keep it secret at all times. Consequently, the User will be responsible for its proper safekeeping and confidentiality, agreeing not to temporarily or permanently transfer it to third parties or to allow access to the aforementioned services and/or contents by outsiders. Likewise, Users are required to notify the company of any circumstance that may imply an improper use of the password, including, but not limited to its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, the company will be exempt from any liability that may arise from password misuse, as Users will be liable for any illegal use of the contents and/or services of the Website by any illegitimate third party. If you negligently or wilfully fail to comply with any of the obligations set forth in these General Terms and Conditions of Use, you will be liable for all damages that may arise for the company as a result of such non-compliance.
6. RESPONSIBILITIES
Continuous access, correct viewing, downloading or use of the elements and information contained in the Website is not guaranteed and may be impeded, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for any decisions that may be taken as a result of access to the content or information offered.
The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that use of the Website, or any of the services offered therein, is in violation of these General Terms and Conditions of Use. We will not be liable for any damages, losses, claims or expenses arising from the use of the Website.
It will only be responsible for removing, as soon as possible, the contents that may cause such damage, provided that it is so notified. In particular, we will not be liable for damages that may arise, among others, from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in electronic system operations, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the company’s control.
Illegitimate interruptions by using malicious programs of any kind and through any means of communication, such as computer viruses or similar.
Improper or inappropriate abuse of the Website.
Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The Webmaster reserves the right to remove, in whole or in part, any content or information found on the Website.
The company is free from any liability for damages of any kind that may be due to the misuse of the services that are freely available and used by Users of the Website. It is also exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, which the company only uses to provide consultation services and answer questions. On the other hand, should damages be caused by illicit or incorrect use of such services, the User may be liable for the damages caused.
You will not hold the company liable for any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. You also agree to not hold the company liable for any damages resulting from your use of robots, spiders, crawlers or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
The User agrees not to reproduce in any way, not even by means of a hyperlink, the Website as well as any of its contents, unless expressly authorised in writing by the data controller.
The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to the information of partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor is it in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through links to third parties.
The User is granted a limited, revocable and non-exclusive right to create links to the Website’s home page exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or state that such a link has been authorised, or include trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, in violation of public order or unlawful; (iii) may not link to any page of the Website other than the home page; (iv) must link to the address of the Website itself, and the website that links to the Website is prohibited from reproducing the Website as part of its website or within one of its frames or create a browser on any of the pages of the Website. The company may request to have any link to the Website removed at any time, after which it must be immediately removed.
The company cannot control the information, contents, products or services provided by other websites that have established links to the Website.
8. DATA PROTECTION
The User must provide certain personal data to use some of the services on the Website. The company will automatically process this data and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD (Spanish Organic Law on Data Protection and the Guarantee of Digital Rights) and LSSI (Spanish Information Society Services Act). The User can access the policy followed when processing personal data, as well as the establishment of the purposes previously set forth, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use cookies on the Website in order to recognise you as a frequent User and to personalise your use of the Website by pre-selecting your language, or more desired or specific content.
Cookies collect the User’s IP address and Google is responsible for processing this information.
When the User accepts them, cookies are files sent to a browser, via a Web server, to log the User’s navigation on the Website. You can change your cookie and cookie notification policy on your browser and can block cookies from being installed on your hard drive. Please refer to your browser’s instructions and manuals for more information.
Cookies make it possible to recognise the browser of the User’s computer to provide content and offer browsing preferences or advertising that the User sets, the demographic profiles of users as well as to measure visits and traffic parameters, monitor progress and number of entries.
10. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered on the Website are for information purposes only. Accordingly, by offering them, no warranty or representation is given in relation to the contents and services offered on the Website, including, but not limited to warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company will not be liable in all cases of failure to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the government, and in general all cases of force majeure or unforeseen circumstances.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Use, as well as the use of the Website, will be governed by Spanish law. The parties will submit to the Courts and Tribunals of the registered office of the Webmaster for the resolution of any dispute.
In the event that any provision of these General Terms and Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity will not render these General Terms and Conditions of Use unenforceable or void as a whole. In such cases, the company will modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.