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Information precedent to the Contract
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I.- FOTOPRIX, S.A., in compliance with the provisions contained in Law 34/2002 for Information Society Services and Electronic Commerce of July 11, and prior to starting the contracting procedures, INFORMS the recipients or users of this service of the following main issues:
a) The various procedures to be followed in order to enter into this contract are the following:
• Read carefully the conditions of the contract.
• Enter the personal data and additional information essential to the provision of the service.
• Expressly accept the user contract as well as the data protection policy.
b) FOTOPRIX, S.A., as the provider of this service, puts the general conditions governing the contract at the disposal of the recipients or users of this service so that such general conditions may be stored and reproduced by the beneficiary.
c) We certify that the system employed to provide this service does not use any device to collect personal information of users while surfing.
II.- Likewise, FOTOPRIX, S.A., in compliance with the provisions contained in Statutory Law 15/1999 for the Protection of Personal Data of December 13, and prior to starting the contracting procedures, expressly, accurately and distinctly INFORMS the recipients or users of this service of the following main issues:
a) The existence of a file to process personal data provided via the various forms available on the Website, which will remain in the records.
b) The purposes of the collection of the aforesaid data, which are:
• Provision of photo processing services for the users or recipients of this Website.
• Provision of affiliation services for registered users.
• Provision of information services through an electronic bulletin or Newsletter to registered users of this Website.
• Delivery of information that may be of interest to the registered users of this Website by FOTOPRIX, S.A. as well as by any of its partner companies or third parties with which it may sign cooperation agreements.
• Technical or commercial assistance or assistance of any other kind that may be necessary for the correct operation of the service.
c) The persons receiving the information, who will be the Website management and administration team.
d) The non-compulsory nature of the answers of the user to the questions made.
e) The consequences of the data collection, which are the following:
• Correct provision of the service
• Set up of an affiliation service
• Receipt of news and updates regarding Fotoprix, S.A. products, innovations and offers.
Likewise, the user is informed that the consequences of his/her refusal to provide the data are the following:
• Impossibility to provide the service.
• Non-participation in the affiliation service.
• Impossibility to receive news and updates regarding Fotoprix, S.A. products, innovations and offers.
f) That at all times, the recipients or users of the services included in this Website are entitled to exercise their rights of access, rectification, cancellation and opposition under the terms provided for in the legislation in force.
g) The identification and address of the person in charge of data processing:
Data of the owner and person responsible for the management of the services included in this Website are the following:
• Company name: FOTOPRIX, S.A.
• Registered office: C/ Pallars, 135-139. 08018 - Barcelona - Spain
• E-mail: fotoprix@fotoprix.com
• Postal address: C/ Pallars, 135-139. 08018 - Barcelona - Spain
• Registration data in the Registry of Commerce: Registry of Commerce of Barcelona, Sheet B-62124, Page 177, Book 23859, Registration 7th
• Taxpayer's identification number: A58076647
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General contracting conditions
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1. Identification of the entity providing the service:
Data of the owner and person responsible for the management of the service are the following:
• Company name: FOTOPRIX, S.A.
• Registered office: C/ Pallars, 135-139. 08018 - Barcelona - Spain
• E-mail: fotoprix@fotoprix.com
• Postal address: / Pallars, 135-139. 08018 - Barcelona - Spain
• Registration data in the Registry of Commerce: Registry of Commerce of Barcelona, Sheet B-62124, Page 177, Book 23859, Registration 7th
• Taxpayer's identification number: A58076647
2. Receiver or user of the service:
2.1. This is the individual of legal age or the duly represented company that fully accepts the terms, clauses or general conditions of this contract. Such acceptance constitutes the essential requirement to become a user of the service and be registered as such.
2.2. All individuals below the age of eighteen shall not be accepted as users of the service. The user declares, under his/her own responsibility, that he/she is over the age of eighteen and that all the personal information that he/she will provide is true and accurate.
3. Applicable legislation; time and place of the contract: contract copies.
3.1. Regardless of the place in Spain where the entity that provides the services object of this contract is established, Spanish legislation shall apply to such entity as well as to the services provided by such entity. As a consequence, the applicable legislation is Law 34/2002 for Information Society Services and Electronic Commerce of July 11, the Civil and Commercial Codes and the remaining civil or commercial regulations regarding contracts, particularly, the regulations for consumer and user protection and commercial activity organization.
3.2. The present contract shall come into force and shall become effective from the moment in which the recipient or user of the service accepts it.
3.3. The present contract, and therefore, the general conditions that it incorporates together with its annexes in addition to being read on this Website may be stored, filed and reproduced by electronic means or any other customary means.
4. Purpose of the contract: services and prices.
4.1. The purpose of this contract, and therefore, of the service to be provided through such contract, consists of providing the users (businessmen or professionals) with a platform of services that will allow the promotion of the Web pages of such users, in a simple and effective way.
5. Conditions of access and use of the service:
5.1. Use of the various services will adjust to the provisions and agreements of this contract, as follows:
a) Access to the system will be through the use of access passwords facilitated to or agreed with the user upon registration with the Website. Such passwords are confidential and personal and must be protected by the user to prevent use by third-parties. Therefore, the user is fully responsible for use by third parties of his/her personal password.
b) Access to the service will be denied to any user who may have failed to comply with his/her obligations and commitments under this contract.
5.2. The user expressly states that he/she accepts all responsibilities that may result from the improper use of the services under this contract.
5.3. In order to guarantee all user rights in compliance with this contract and with legislation in effect, the provider of the service will be able to:
a) Proceed to supervise the service through its administrators, always in compliance with the secrecy of communications and user's privacy.
b) Interrupt the service on a temporary basis without previous notice and at any time for technological or legal reasons; such reasons will be conveniently informed on the Web page of the provider of the service if technically possible.
c) Modify the service provision conditions due to technical reasons or due to the application of new legal provisions and both circumstances shall be informed on the Web page of the provider of the service.
d) Eliminate or remove from the various Web services all information that may be illegal or simply offensive.
e) Report to the competent entities, that is, to the administrative or jurisdictional entities (either under the General State Administration, Autonomous Administrations or the Local Entities) acting in the exercise of their authority, presumably illegal conducts, activities or data which have come to the knowledge of the provider of the service. Likewise, such entity, in compliance with its duty to collaborate, will comply with the requirements or orders that it may receive from the aforesaid competent entities regarding the services object of this contract according to Law 34/2002 for Information Society Services and Electronic Commerce of July 11.
5.3. FOTOPRIX, S.A. shall not be responsible for and shall not guarantee the correct and permanent operation of the telecommunication networks.
5.4. All communications or information of the various services included on this Web page will be protected by the corresponding copyright and by the regulatory legislation concerning intellectual property. As a consequence, its total or partial reproduction, electronic data processing, transmission, borrowing and any other form of transfer is prohibited.
6. Obligations of the entity providing the service:
6.1. FOTOPRIX, S.A. shall ensure that the contents of the information related to its services will be as accurate as possible and shall correct any deficiencies of any type as soon as they are detected.
6.2. FOTOPRIX, S.A. shall provide users with all possible information in order to make it easy for them to keep track of any of the services object of the present contract.
6.3. FOTOPRIX, S.A. agrees NOT TO SEND COMMERCIAL INFORMATION WITHOUT IDENTIFYING IT AS SUCH, in accordance with Law 34/2002 for Information Society Services and Electronic Commerce.
7. Obligations of the user:
7.1. Regarding technical means:
The user, in order to guarantee the correct and full use of the service, must have the technical, electronic or computer data processing means that may be necessary so that he/she shall only be responsible for the defects which may occur in the provision of the service due to deficiencies of any type imputable to the means that he/she may use.
7.2. Regarding use of the service:
a) The services covered by this contract are personal and non-transferable, and the user agrees and undertakes to keep all service access passwords facilitated to him/her confidential so that they cannot be used by third parties. All of the above is in accordance with paragraph a) of item 5.3 of this contract.
b) The user must strictly abide by the law at all times, particularly, the principle to safeguard public order, respect people's dignity and non-discrimination on the basis of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, protection of youths and children, protection of the right to personal and family intimacy, freedom of expression and freedom of information.
Consequently, the user shall avoid any conduct which may infringe the aforesaid principles, particularly those which may offend other users or that may violate in any way the rights of other people.
c) The user ensures that the information provided by him/her regarding his/her personal circumstances and Web pages is true and up-to-date.
d) In any event, the user shall be solely and fully responsible for the total content of his/her Web page and for the messages that he/she may write or send through this service as well as for the data that he/she may provide.
8. Confidentiality and data protection:
8.1. With regard to service confidentiality and security, FOTOPRIX, S.A. has established the necessary security measures for the correct delivery of the services under this contract.
8.2. The recipient of the service, that is, the user, authorizes the provider of the service to incorporate his/her personal data appearing in this contract as well as those resulting from the performance thereof, into the User Database (professionals or businessmen) and to process them by automated means. All of the above is in compliance with the provisions of Statutory Law 15/1999 for the Protection of Personal Data of December 13. Such authorization is understood as being granted without detriment to the obligation of the provider of the service to guarantee the rights of data access, rectification and cancellation as well as opposition that the legislation in effect may recognize at any given time.
In any event, all matters regarding personal data protection and reporting will be governed by the agreements contained in Annex I to this Contract, particularly, the provisions in agreement six of such Annex.
9. Modifications to the present contract:
9.1. The provider of the service shall be able to proceed to modify the contents of the present contract provided that there are sufficient grounds to do so.
9.2. It shall be understood that there are sufficient grounds to justify a modification whenever such modification intends to:
a) Increase the range or number of services available to the users or improve existing services.
b) Adjust the services provided under this contract to advances which may be available due to the development of new technologies; or
c) Adjust any of the clauses of this contract to the legislation in effect, at any given time.
9.3. In any event, users shall be notified of the modification by email or it shall be conveniently published on the Web page, clearly specifying in any case, the reasons and effects of any kind, so that the user may subsequently ratify his/her acceptance.
10. Security and forms of payment
Forms where the user introduces his/her personal and credit card data are secure and subject to all protection regulations. The SSL encryption system being used confers full security to the network data transmission. Data have absolute confidentiality and full protection.
Payment for the services provided under the contract shall be made online by credit or debit card issued by a bank, which will receive the data directly.
11. Effectiveness of the present contract. Contract termination.
The term of the present contract shall be indefinite. However, both parties reciprocally recognize their right to terminate or cancel it at any time with notification to the other party by any means of communication recognized by the Law.
As proof of his/her agreement with all of the above and after having read in full the present general conditions and its annexes, the user certifies his/her acceptance under the terms specified in the present contract.
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