Any access and/or use of the ALEATICA, S.A. website (www.aleatica.com) will confer user status upon the relevant party who, from that very moment, fully and without reservation, will accept these General Terms, as well as any specific terms that may complement, modify or replace the General Terms in relation to specific website services and content.
II. Use of the website, its services and content
The user undertakes to use the website and its services/content in compliance with current law, good faith, generally accepted use and the public order. Likewise, it will be forbidden to use the website for illegal purposes or in detriment of ALEATICA, S.A. or any third party, or in such a way as to cause damage to or hinder the regular operation of the website. With respect to the content (information, text, images, sound and/or visual files, photographs, design, etc.) it will be forbidden to:
- Reproduce, distribute or modify the same, unless the legal owner has given its authorisation or this is legally permitted.
- Infringe any rights of ALEATICA, S.A. or of any legitimate owners.
- Use them for any type of business or advertising purposes, other than those that are strictly allowed.
- Try to obtain the website content by any means other than those made available to users, including those that are ordinarily used on the Web, provided that no damage whatsoever is caused to the ALEATICA, S.A. website.
III. Unilateral modification
ALEATICA, S.A. may modify its website’s structure and design, unilaterally and without prior notice, whenever it deems this appropriate, and may modify or remove the services, content and conditions of access and/or use of the website.
The pages included in www.ohl.es may provide links to other third party content. The only purpose of the links is to enable the user to complement any information through these links. ALEATICA, S.A. will in no event be liable for any outcome suffered by the user as a result of following said links.
V. Waiver of guarantees and liability
In no event will ALEATICA, S.A. provide any guarantee or assume liability for any loss and damage whatsoever derived from:
- The lack of availability, maintenance and effective operation of the website and/or its services or content.
- The lack of usefulness, suitability or validity of the website and/or its services or content in order to satisfy the user’s needs, activities or specific results or expectations.
- The existence of viruses or programmes that may be malicious or harmful to the website content.
- Any user receipt, procurement, storage, broadcasting or transfer of the content.
- Any use of the website, its services or content that is illegal, negligent, fraudulent or contrary to these General Terms, good faith, generally accepted use or the public order, on the part of the website users.
- The lack of legality, quality, reliability, usefulness and availability of any third party services made available to the website users.
- Any breach by a third party of its obligations or undertakings in relation to the services provided to users through the website.
The provision of the website and its services will remain in force for an indefinite term. Notwithstanding the foregoing, ALEATICA, S.A. hereby reserves the right to interrupt, suspend or terminate the provision of the website or any of its services in the same provisions of Term Three.
VII. Intellectual Property
For the purposes of preserving any existing intellectual property rights, any user or third party who considers that its legitimate rights have been breached due to certain content being introduced into the website must duly notify ALEATICA, S.A. and include:
- The personal details of the interested party who holds the allegedly infringed rights. If the claim is brought by a third party other than the interested party, the representation held must be indicated.
- A description of the content protected by the intellectual property rights and its location on the website.
- Confirmation of the relevant intellectual property rights.
- An express statement in which the interested party assumes responsibility for the veracity of the information provided in the notification. The legitimacy of any intellectual or industrial property rights related to the third party content will be the latter’s exclusive responsibility.
VIII. Applicable law and jurisdiction
These General Terms will be governed by Spanish law. ALEATICA, S.A. and the user, expressly waiving any other forum to which they may be entitled, hereby subject themselves to the jurisdiction of the Courts and Tribunals of the user’s address for any issues that may arise or any actions that may be brought further to the provision of the website, its services and content, or in relation to the interpretation, application, fulfilment or breach of what is provided therein. In the event that the user is domiciled outside Spain, ALEATICA, S.A.U. and the user hereby subject themselves to the jurisdiction of the Courts and Tribunals of Madrid, expressly waiving any other forum to which they may be entitled
IX. Protection of personal data.
Identification of the Controller of your personal data
The information and/or personal data you provide us are included in the register of data treatment activities, for which the data controller is:
Identity: ALEATICA, S.A. with tax identification number A82871369
Postal address: Paseo de la Castellana 259D, 28046, Madrid
Data Protection Delegate email: firstname.lastname@example.org
Purpose of the processing of personal data made by ALEATICA, S.A.
ALEATICA, S.A. we will process the data provided to us during browsing, during the use of our website and by filling in the different forms included in our website, for the following purposes:
- Attend and process your requests made through the contact forms of the ALEATICA website.
- Management of job applications and selection processes of ALEATICA.
- Attention, processing and investigation of the complaints sent through our Ethical Channel.
- Attention, processing and management of queries sent through our Ethics Channel
ALEATICA informs you that your data will be treated exclusively for the exposed purposes and will not be further processed in a manner incompatible with said purposes.
Until you tell us otherwise, we understand that your data has not been modified and that you agree to notify us of any variation thereto.
Failure to provide the requested information by completing the previous web form, would imply that the provision of the described and informed purpose cannot be fulfilled.
The fact of not giving your express and unequivocal consent by clicking on the checkbox located in the lower part of the corresponding web forms previously filled out by you, would imply that we cannot fulfill the provision of the purpose(s) previously described and informed.
Basis of the legitimacy for the processing of your data
The legal basis that legitimates the processing of your data to carry out the purposes described in the previous section is: the provision of your express and unequivocal consent and in the event that your data is processed for the “attention, processing and investigation of the complaints sent through our Ethical Channel”, the basis of legitimacy is the fulfillment of the legal obligations according to the Law of the European Union and/or Member States.
Time of conservation of your personal data
The personal data provided by you will be kept, in any case, for the time strictly necessary to carry out the purposes described and taking into account the term determined based on the following criteria: (i) legal obligation of conservation; (ii) duration of the treatment and the purposes for which your data are collected; (iii) limitation period for legal liabilities that may arise from the treatment; and (iv) request for cancellation by the interested party when appropriate.
When your data is processed for the “attention, processing and investigation of the complaints sent through our Ethical Channel”, we inform you that your data will be kept in the complaints system only during the time necessary to decide on the origin of initiating a investigation into the facts denounced. In any case, after three months from the introduction of the data, your data will be deleted from the complaint system. If its conservation is necessary to continue the investigation, your data may continue to be treated in a different environment by the company area responsible for the investigation.
Recipients to whom your data will be communicated
Your data may be transferred internationally between companies of our business group exclusively to carry out the purposes set out herein, outside these cases, your data will not be communicated to other third parties unless it is necessary to comply with the corresponding legal obligations.
Rights conferred by the regulations on data protection
In the terms and with the scope established in the current legislation, any person has the right to:
- Confirm whether or not ALEATICA is handling your personal data, to access such data and the information related to their treatment
- Request the correction of inaccurate data
- Request the deletion of the data when, among other reasons, they are no longer necessary for the purposes for which they were collected, in which case ALEATICA will stop processing the data except for the exercise or defense of possible claims.
- Request the limitation of the processing of your data, in which case they can only be used with your consent, except for their conservation and use for the exercise or defense of claims or with a view to the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a certain Member State.
- Oppose the processing of your data, in which case, ALEATICA will stop processing the data, except for the defense of possible claims.
- Receive, in a structured format, for common use and mechanical reading, the personal data that concern you and that you have provided to ALEATICA or request ALEATICA to transmit them directly to another data controller when technically possible.
- Withdraw the consent granted, if applicable, for the corresponding purpose or purposes included in the section Purpose of the processing of personal data made by ALEATICA,, without affecting the legality of the treatment based on consent prior to its withdrawal.
The above rights of access, rectification, deletion, limitation, opposition and portability can be exercised directly by the owner of the data or by legal or voluntary representative, by sending an email, along with a copy of your National Identity Document or other equivalent document to email@example.com
Similarly, you are hereby informed that you can contact our Data Protection Delegate through the e-mail address firstname.lastname@example.org and you can file a claim with the Spanish Data Protection Agency, especially when you consider that you have not obtained satisfaction in the exercise of your rights, through the web page authorized for such purposes by the corresponding Control Authority.