1. Identification of the Controller
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we inform you that the ownership of the domain of our website https://elmya.com/ corresponds to the company ELMYA HOLDCO S.L, hereinafter “THE COMPANY,” with C.I.F No. B67914002 and registered office at Calle Aviación 14, Morera & Vallejo II building, ground floor, 41007 Seville, Spain, registered in the Mercantile Registry of Seville, Volume 7168, Folio 149, Section 1, Sheet SE-133313.
2. Users
Access and/or use of this portal attributes the condition of USER, who accepts, from such access and/or use, the General Conditions of Use reflected here. The aforementioned Conditions will apply regardless of the General Contracting Conditions that, if applicable, are obligatory.
3. Use of the Portal
The website https://elmya.com/ provides access to a multitude of information, services, programs, or data (hereinafter, “the contents”) on the Internet belonging to ELMYA HOLDCO S.L or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal.
4. Data Protection
ELMYA HOLDCO S.L complies with the guidelines of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and ensures the correct use and treatment of the user’s personal data. To this end, along with each personal data collection form in the services that the user may request from ELMYA HOLDCO S.L, it will inform the user of the existence and acceptance of the specific conditions for the treatment of their data in each case, informing them of the responsibility for the created file, the address of the controller, the possibility of exercising their rights of access, rectification, cancellation, or opposition, the purpose of the processing, and the data communications to third parties if applicable.
5. Intellectual and Industrial
Property ELMYA HOLDCO S.L, either itself or as an assignee, is the holder of all intellectual and industrial property rights of its website, as well as of the elements contained therein (for example, images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by ELMYA HOLDCO S.L or its licensors. All rights reserved.
6. Exclusion of Warranties and Liability
ELMYA HOLDCO S.L is not responsible, in any case, for damages of any kind that may be caused, for example: errors or omissions in the contents, lack of availability of the portal, or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to avoid it.
7. Modifications
ELMYA HOLDCO S.L reserves the right to make, without prior notice, the modifications it deems appropriate to its portal, being able to change, delete, or add both the contents and services provided through it and the way they are presented or located on its portal.
8. Links
In the event that https://elmya.com/ contains links or hyperlinks to other Internet sites, ELMYA HOLDCO S.L will not exercise any control over such sites and contents. In no case will ELMYA HOLDCO S.L assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity, and constitutionality of any material or information contained in any such hyperlinks or other Internet sites.
9. Right of Exclusion
ELMYA HOLDCO S.L reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, on its own or a third party’s request, to those users who fail to comply with these General Conditions of Use.
10. General
ELMYA HOLDCO S.L will pursue the breach of these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond in law.
11. Modification of These Conditions and Duration
ELMYA HOLDCO S.L may modify at any time the conditions determined herein, being duly published as they appear here. The validity of these conditions will depend on their exposure and will remain in force until they are modified by others duly published.
12. Applicable Law and Jurisdiction
The relationship between ELMYA HOLDCO S.L 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 Madrid.