LEGAL NOTICE
In compliance with the duty of information set out in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner company are provided below:
Company Name: VISUALNACERT, S.L. Tax ID (CIF): B98655889 Registration details: Companies Registry of Valencia, Volume 9827, Book 7109, Folio 58, Section 8, Sheet V-160666, 1st Entry Registered address: C/ Mayor 41, postal code 46138 – Rafelbuñol, (Valencia, Spain) Email: privacy@visualnacert.com
USERS
Access to and/or use of this portal and the download and/or use of the mobile application developed by VISUAL confer the status of USER, who accepts, from the moment of such access, download and/or use, the Terms set out herein. These Terms shall apply regardless of any General Contracting Terms that may also be binding.
USE OF THE PORTAL, THE APPLICATIONS AND THE SERVICES
Visualnacert.com and the applications developed provide access to numerous items of information, services, content, programs or data (hereinafter, “the content” and/or “the services”) on the Internet belonging to VISUAL or to its licensors, to which the USER may have access.
Use of our Services may require the purchase or acquisition of a license through our distributors or through our website. Acquisition of the service is subject to acceptance of the general contracting terms published on our website. Access to the Service will not be possible until payment has been verified.
Use of our Services requires compatible devices, Internet access (subject to the rates that may be charged by the relevant provider; broadband Internet access is especially recommended for regular use) and certain software not belonging to VISUAL, such as, by way of example, operating systems, browsers, etc. Our mobile applications associated with the service may require periodic updates and may be affected by the performance of the terminals, depending on their capacity and on any other installed applications.
The USER assumes responsibility for the use of the portal and the application. This responsibility extends to any registration required to access certain services or content. In such registration, the USER shall be responsible for providing truthful and lawful information. As a result of this registration, the USER will be given a password, for which they will be responsible, undertaking to make diligent and confidential use of it. The USER agrees to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that VISUAL offers through its portal or application, and, by way of example but not limitation, not to use them to: (i) engage in unlawful, illegal activities or activities contrary to good faith and public order; (ii) disseminate racist, xenophobic, illegally pornographic content or content advocating terrorism or violating human rights; (iii) cause damage to the physical and logical systems of VISUAL, its suppliers or third parties, or introduce or disseminate computer viruses or any other physical or logical systems liable to cause the damage referred to above; (iv) attempt to access and, where applicable, use the email accounts of other users and modify or manipulate their messages. VISUAL reserves the right to remove any comments and contributions that violate respect for human dignity, that are discriminatory, xenophobic, racist or pornographic, that are harmful to young people or children, to public order or safety, or that, in its judgment, are not suitable for publication. In any case, VISUAL shall not be liable for the opinions expressed by users through forums, chats or other participation tools.
INTELLECTUAL AND INDUSTRIAL PROPERTY VISUAL, either in its own right or as an assignee, is the owner of all intellectual and industrial property rights to its website and mobile application, as well as to the elements contained therein (by way of example, images, sound, audio, video, software or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by VISUAL or by its licensors. All rights reserved. Pursuant to the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including the making available, of all or part of the content of this website or the mobile application, for commercial purposes, on any medium and by any technical means, is expressly prohibited without the authorization of VISUAL. The USER agrees to respect the Intellectual and Industrial Property rights owned by VISUAL. The USER may view the elements of the portal and application and even print, copy and store them on their computer’s hard drive or on any other physical medium, provided that this is done solely and exclusively for personal and private use. The USER must refrain from removing, altering, circumventing or manipulating any protective device or security system installed on the app or on VISUAL’s pages.
DISCLAIMER OF WARRANTIES AND LIABILITY VISUAL reserves the right to interrupt access to the services at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power supply failures, or for any other justified cause.
Accordingly, VISUAL does not guarantee the reliability, availability or continuity of the Website, the application or the Services, and therefore use of them by users is carried out at their own risk, with VISUAL not being held liable in this regard at any time.
Furthermore, VISUAL assumes no liability whatsoever arising, by way of example but not limitation, from: The use that users make of the materials made available on the website or the application, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of content belonging to the website itself or to third-party portals. Any damages caused to users by the normal or abnormal operation of the search tools, the organization or location of the content and/or access to the services, and, in general, errors or problems arising in the development or implementation of the technical elements that make up the service. The content of those pages that users may access through links included on the website or the application. Acts or omissions of third parties, regardless of whether such third parties may be contractually bound to VISUAL.
Likewise, VISUAL excludes any liability for damages of any kind that may result from the presence of viruses or other harmful elements in the content that could cause alterations to computer systems, as well as to documents or systems stored therein, and VISUAL shall therefore not be liable in any case for: Errors or delays in users’ access to the services when entering their data in the relevant form, or any anomaly that may arise when such issues are due to problems on the Internet, force majeure or any other unforeseeable contingency unrelated to VISUAL’s good faith. Failures or incidents that may occur in communications, deletion or incomplete transmissions, meaning that the operation of the website’s or app’s services cannot be guaranteed to be constant. Errors or damage caused to the website or the application by inefficient or bad-faith use of the service by the user. The non-operation of, or problems with, the email address provided by the user for sending the requested information.
In any case, VISUAL undertakes to resolve any problems that may arise and to provide the user with all the necessary support to reach a quick and satisfactory resolution of the issue.
MODIFICATIONS VISUAL reserves the right to make, without prior notice, any changes it deems appropriate to its portal and/or the application, and may change, remove or add both the content and services provided through it and the way in which they are presented or located on its portal.
LINKS In the event that www.visual-iot.es or the application contains links or hyperlinks to other Internet sites, VISUAL will exercise no control whatsoever over such sites and content. Under no circumstances will VISUAL assume any liability for the content of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, scope, truthfulness, validity or constitutionality of any material or information contained in any such hyperlinks or other Internet sites. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the linked entities.
The inclusion of hyperlinks for commercial purposes on third-party websites unrelated to VISUAL that allow access to or download of this application or our website is expressly prohibited without the express consent of VISUAL. In any case, the existence of hyperlinks on websites unrelated to VISUAL shall not imply the existence of commercial or business relationships with the owner of the website on which the hyperlink is established, nor acceptance by VISUAL.
NOTIFICATIONS
With your consent, we send automatic (push) notifications to your mobile device to provide information about services, updates, promotional communications and other related messages. You may disable automatic notifications by changing your notification settings through your device.
RIGHT OF EXCLUSION VISUAL reserves the right to deny or withdraw access to the portal and/or the services offered in the application without prior notice, on its own initiative or at the request of a third party, to those users who fail to comply with these Terms.
GENERAL PROVISIONS VISUAL will pursue any breach of these Terms, as well as any improper use of its portal, by exercising all civil and criminal actions to which it may be entitled under law.
DATA PROCESSING AND USE OF COOKIES
In accordance with the provisions of the General Data Protection Regulation and other applicable regulations on the matter, we inform you that the personal data you provide to us through our application or by sending emails will be incorporated into VISUAL’s files and processing activities for the purposes described in the privacy policy, which must be read, understood and accepted in order to use our apps and our website.
VISUAL undertakes to comply with the obligation of confidentiality regarding personal data, and has therefore adopted the necessary measures to prevent its alteration, loss, unauthorized processing or access, taking into account at all times the state of technology.
In forms that collect personal data, each user will be informed of the purposes for which the data is collected. The user shall, in any case, be responsible for the accuracy of the data provided.
Furthermore, VISUAL informs you that visiting our website does not automatically register any personal data identifying a User; however, certain non-personal information not identifiable with a specific User is collected during the live session through devices known as “cookies,” which allow us to obtain statistical information about the use of the website in order to make improvements. All users should consult our cookie policy in order to browse the website.
In any case, all users have the right to exercise, at any time, their rights of access, rectification, restriction of processing, erasure, objection and data portability, by writing to VISUAL at the email address privacy@visualnacert.com. If they consider it appropriate, they may file a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos).
Geolocation The application may collect, use and share precise location data, including the real-time geographic location of the User’s computer or mobile device, provided that the User authorizes it. This location data may be collected and used by the application for the effective management of the contracted services. Users may choose to disable Geolocation on their devices as detailed in the Data Privacy Policy.
APPLICABLE LAW AND JURISDICTION The relationship between VISUAL and the USER shall be governed by current Spanish law, and any dispute shall be submitted to the Courts and Tribunals of the city of Valencia (Spain).
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