Disclaimer

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Legal information and acceptance

These provisions regulate the use of the Internet portal service (the ‘Portal’) which SMAZE TECHNOLOGY, S.L. (“SMAZE”) makes available to Internet users.

SMAZE, whose registered office is at calle Aldana 7, SAT 1 – 08015 Barcelona, Spain and has tax identification number B-66935495, is registered at the Barcelona Commercial Registry in Volume 45799, Sheet 172, Page 499445. E-mail: info@smaze.io.

Access to the website is free of charge, except for the cost of connection through the telecommunications network by your Internet service provider. Certain services are exclusive to our clients and access to them is restricted.

Your use of the Portal makes you a user of the Portal (“User”) and implies your acceptance of all the conditions included in this Legal Notice. The Portal service is provided for a duration that is limited to the moment when User is connected to the Portal or to any of the services provided through the Portal. User must therefore read this Legal Notice carefully each time User intends to use the Portal, since the Portal and the conditions for its use as set forth in this Legal Notice may change.

Certain Portal services accessible to Internet users or exclusive to SMAZE clients may be subject to particular conditions, regulations or instructions that, if appropriate, may supersede, supplement and/or amend this Legal Notice and must be accepted by User before the provision of the relevant service begins.

  1. Intellectual and industrial property

All Portal content, which is understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes (the ‘Content), is the intellectual property of SMAZE or of third parties, and no Content exploitation rights recognized by the intellectual property legislation in force can be deemed to have been licensed to User except for such Content as is strictly necessary for the use of the Portal.

The trademarks, trade names or distinctive signs are the property of SMAZE or third parties, and access to the Portal cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.

  1. Conditions of use for the Portal

3.1 General

User agrees to use the Portal correctly in conformity with the law and with this Legal Notice. User will be liable to SMAZE or to third parties for any loss or damage that may be caused as a result of a breach of this obligation.

The use of the Portal for purposes that damage the property or interests of SMAZE or of third parties, or otherwise overload, damage or disable networks, servers and other hardware or software belonging to SMAZE or to third parties, is expressly prohibited.

3.2 Content

User undertakes to use the Content in conformity with the law and with this Legal Notice, and with any other conditions, regulations or instructions that may be applicable in conformity with the provisions of Clause 1.

User must, in accordance with the legislation in force and without limitation, refrain from:

  1. a) Reproducing, copying, distributing, making available, publicly disclosing, altering or modifying the Content, except in cases authorized by law or, as the case may be, expressly consented to by SMAZE or by the holder of the rights of exploitation.
  2. b) Reproducing or copying for private use any Content that may be regarded as software or as a database in conformity with the intellectual property legislation in force, or publicly disclosing or making available Content to third parties, where such acts necessarily imply reproduction by User or by a third party.
  3. c) Extracting and/or reusing all or a substantial part of the Content on the Portal, or of any databases that SMAZE may make available to Users.

3.3 Data collection forms

Without prejudice to the provisions of Clause 5 of this Legal Notice and of the privacy policies accessible from the Portal and applicable from time to time, the use of certain services or requests made to SMAZE are subject to prior completion of the relevant User record.

All information supplied by User on Portal forms for the above or any other purposes must be true. For these purposes, User warrants the authenticity of all data communicated by User and will keep the information supplied to SMAZE perfectly updated so that it reflects User’s actual status at all times. In all cases, User will be solely liable for any false or inaccurate representations made by User and for any damage caused to SMAZE or to third parties by reason of the information supplied by User.

3.4 Insertion of links to the Portal

Any Internet user who wishes to insert links from his website to the Portal must comply with the conditions detailed below, and ignorance of such conditions will not relieve the Internet user of any liability under the law:

The link will only be to the Portal home page and may not reproduce it in any way (inline links, copying of text, graphics, etc). In accordance with the applicable legislation in force from time to time, it is forbidden in all cases to insert frames of any kind around the Portal, or permit the Content to be viewed through URLs other than the Portal URL and, in any case, where the Content can be viewed together with content outside the Portal, in a way that: (I) causes, or may cause, error or confusion in, or misleads or may mislead, users as to the true origin of the service or Contents; (II) constitutes an act of comparison or imitation; (III) serves to take advantage of the reputation of SMAZE’ brand and prestige; or (IV) is otherwise prohibited by the legislation in force.

No false, inaccurate or incorrect representation whatsoever of SMAZE, its partners, employees or clients, or of the quality of the services that it provides, may be made on the page inserting the link.

Under no circumstances will it be stated on the website where the link is located that SMAZE has consented to the insertion of the link, or otherwise sponsors, collaborates with, verifies or supervises the services of the website where the link appears.

It is forbidden to use any word mark, figurative mark or combined mark or any other distinctive sign of SMAZE on the website where the link appears, except in cases permitted by law or expressly authorized by SMAZE and provided that a direct link to the Portal is permitted in such cases in the manner established in this Clause.

The website on which the link is created must faithfully comply with the law and may not, in any circumstances, have or be linked to proprietary or third-party content that: (I) is unlawful, noxious, immoral or indecent (content that is pornographic, violent, racist, etc.); (II) induces or may induce User into the false belief that SMAZE subscribes to, endorses, adheres to, or in any way supports the ideas, representations or expressions, lawful or unlawful, appearing on the website where the link is located; (III) is inappropriate or irrelevant to the activities of SMAZE having regard to the place, content and theme of the website where the link appears.

  1. Disclaimer of liability

4.1 For information

Access to the Portal does not imply any obligation on SMAZE to verify the truthfulness, accuracy, appropriateness, fitness, exhaustiveness or currency of the information supplied through the Portal.

SMAZE is not liable for decisions made on the basis of the information supplied on the Portal, or for any damage or loss to User or to third parties by reason of actions taken that were solely based on information obtained on the Portal.

4.2 For service quality

Access to the Portal does not imply any obligation on SMAZE to control the absence of viruses, worms or any other malicious software. User is responsible in all cases for having available adequate tools for detecting and disinfecting malicious software.

SMAZE is not liable for any damage to the hardware of Users or of third parties during the provision of the Portal service.

4.3 For service availability

Access to the Portal requires services and supplies from third parties, including transmission through telecommunications networks, the reliability, quality, continuity and functioning of which are not the responsibility of SMAZE. Accordingly, services provided through the Portal may be suspended, cancelled or blocked, prior or simultaneous to the provision of the Portal service.

SMAZE cannot be held liable for loss or damage of any kind to User as a result of telecommunications network failures or disconnections that cause the suspension, cancellation or interruption of the Portal service before or while it is being provided.

4.4 For content and services linked through the Portal

The Portal access service includes technical linking devices, directories and even search tools that permit User to access other websites and Internet portals (‘Linked Sites’). In such cases, SMAZE acts as a intermediation service provider in conformity with Article 17 of Information Society Services and Electronic Commerce Law 34/2002, of July 12, 2002 (the “LSSI”) and will only be liable for the content and services supplied on Linked Sites to the extent that SMAZE is actually aware of their unlawfulness and has not disabled the link with due care. If User considers that there is a Linked Site with unlawful or inappropriate content, User may communicate this to SMAZE in accordance with the procedure and the effects established in Clause 6, although such communication will not, under any circumstances, entail any obligation to remove the link in question.

Under no circumstances must the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of those Linked Sites, or any recommendation or promotion by SMAZE of, or the identification of SMAZE with, the representations, content or services provided.

SMAZE is not aware of the content or services of Linked Sites and, therefore, cannot be held liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to SMAZE.

  1. Personal Data Protection

5.1. Personal data processing

Pursuant to the provisions of Personal Data Protection Organic Law 15/1999, of December 13, 1999 (‘LOPD’), we inform you that any personal data and information you provide us on completing any electronic form available on the Portal (‘Data’) shall be included on a personal data filing system controlled by SMAZE. The purpose of the Data processing is to process your request. The questions included in each of the forms are voluntary in nature, save for those marked with an asterisk (*), which are mandatory. In the event that the mandatory questions are not answered, SMAZE reserves the right not to process incomplete applications.

5.2. Third party data disclosure

In order to handle your request or application for information, SMAZE may need to disclose your Data to third parties, located in Spain and abroad, within and outside the European Union, in countries that may offer a level of protection not comparable to Spanish levels. In such case, your express consent will be requested.

5.3. Commercial communications

In some of the electronic forms, your express consent will be requested in order to be able to send you commercial communications by any means, including e-mail or equivalent means of electronic communication, pursuant to the provisions of Article 21 LSSI.

5.4. Security measures

SMAZE adopts the security measures required by Royal Decree 1720/2007, of December 21, 2007, approving the regulations implementing the LOPD, in line with the nature of the data processed from time to time. Notwithstanding the foregoing, the technical security of a medium such as the Internet is not impregnable and there may be willful misconduct on the part of third parties, although SMAZE has set in place all of the measures within its power to prevent such misconduct.

5.5. Cookies usage policy

Pursuant to the provisions of Article 22.2 LSSI, SMAZE shall only use data storage and recovery devices (‘Cookies’) where the user has granted its prior consent in such connection in line with indications in the pop-up on the users web browser when accessing the Portal for the first time and on the other terms and conditions set forth in SMAZE’ Cookies Policy, of which all users should be aware.

5.6. ARCO Rights

The User may exercise its rights of Access, Rectification, Cancelation and Objection (‘ARCO Rights’) on the terms legally provided for, for such purpose sending a communication by post to SMAZE TECNOLOGIES. S.L., calle Aldana 7, SAT 1 – 08015 Barcelona, or sending an e-mail to the following address: info@smaze.io, in both cases indicating your name, surnames and a copy of your identity card.

  1. Communication of unlawful or inappropriate activities

If User or any other Internet user becomes aware of Linked Sites that redirect him to websites, the content or services of which are unlawful, noxious, degrading, violent or immoral, he may contact SMAZE indicating the following:

  1. a) personal data of the communicating party: name, address, telephone number and e-mail address;
  2. b) description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
  3. c) where rights such as intellectual or industrial property rights are infringed, the personal data of the holder of the infringed right, where the holder is not the communicating party. He must also produce an instrument that substantiates the standing of the holder of the rights and, as the case may be, his authority to act on behalf of the holder where the holder is not the communicating party;
  4. d) an express representation that the information contained in the communication is accurate.

Receipt by SMAZE of the communication provided for in this Clause will not imply, pursuant to the provisions of the LSSI, actual knowledge of the activities and/or content indicated by the communicating party.

  1. Legislation

Each and every provision of this Legal Notice is governed by Spanish law.


COOKIES POLICY

Our website, www.smaze.io (the “Website”), uses technology known as “cookies” in order to gather information on the use of the Website.

We use these cookies to facilitate your use of the Website, distinguish you from other users, offer you a better user experience and identify problems in order to improve our Website. Should you give your consent, we will use cookies that enable us to gather more information on your preferences and tailor our Website to your individual interests.

The purpose of this cookies policy is to provide you with clear and precise information on the cookies that are used on our Website (the “Cookies Policy”).

Should you wish further information on the cookies used on our Website, you can send an email to the following address: info@smaze.io.

COOKIES

A cookie is a file that is downloaded on your computer (or mobile device) in order to store data that can be updated and recovered by the entity responsible for installing it.

Information gathered using cookies can include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after it.

TYPE OF COOKIES USED ON THE WEBSITE

Our Website uses the cookies described below:

In-house cookies

These cookies are sent to your computer and managed solely by us to ensure the better functioning of the Website. The information gathered is used to improve the quality of our service and enhance your user experience. These cookies remain in your browser for longer, allowing us to recognize you as a repeat visitor to the Website and adapt its content to offer you content in line with your preferences.

Third-party analytics cookies

Our Website also uses the traffic measuring system Google Analytics, a Google web analysis tool that allows us to measure how users interact with our Website. It also sets cookies on the domain of the site the user is visiting and uses a set of cookies known as “__utma” and “__utmz” to gather information anonymously and to report Website trends without identifying individual users. Learn more about Google Analytics cookies and privacy.

Together with our server logs, they enable us to ascertain the total number of users visiting our Website and the most popular areas. Thanks to them, we can obtain information that helps us to improve browsing and offer a better service to users and clients.

If you interact with the content of our Website, third-party cookies may also be installed (for example, by clicking on social media buttons or viewing videos housed on other sites). Third-party cookies are those established by a domain different to our Website. We cannot access the data stored in cookies of other websites when you browse these other websites.

Here is a link to the Google website where you can find a description of the type of cookies used by Google Analytics and their expiration time: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=en

CONSENT

By browsing and remaining on our Website, you are consenting to the use of the above cookies, for the time periods established and on the conditions contained in the Cookies Policy.

DISABLING AND BLOCKING COOKIES

In any case, since cookies are not necessary for the use of our Website, please note that you can block or disable them by configuring your browser to allow you to block the installation of some or all cookies. Almost all browsers allow you to be alerted to the presence of cookies or block them automatically. If you block cookies, you can continue to use our Website, although some services may be limited and your experience on our Website may be less satisfactory as a result.

WITHDRAWING YOUR CONSENT

Should you wish to withdraw your consent in relation to the Cookies Policy at any time, you must delete the cookies configured on your computer (or mobile device) using the settings and configuration of your Internet browser.

For further information on deleting, disabling or blocking cookies, please visit: http://www.allaboutcookies.org/manage-cookies/

Changing your browser cookie configuration and settings

Unless you have adjusted the configuration of your browser, our system will create cookies when you visit our Website. Bear in mind that all Internet browsers allow you to change this configuration. For more information on how to adjust cookie configurations on the following browsers, please click on the relevant link:

Internet Explorer:

Firefox

Chrome

Safari

CHANGE TO THE COOKIES POLICY

Our Website Cookies Policy may be updated and we therefore recommend that you review this policy every time you access our Website in order to be duly informed of how and why we use cookies.

The Cookies Policy was last updated on 01/10/2017.

CONTACT

Should you have any queries, comments or suggestions about the Cookies Policy, please write to: info@smaze.io.