Legal Notice – 25/02/2019
These provisions regulate the use of the Internet portal service (hereinafter, the “Portal”) that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Grupo Bimetica) that makes available to Internet Users.
Grupo Bimetica is a registered trademark of Bimetica Parametric Design Services, S.L. from now on Bimetica Group ®
The company BIMCopyright Legal & Business Consulting, S.L., is associated with the Bimetica Group and is domiciled in Villarroel street nº 11, bajo 1, Postal Code 43820, Calafell, Tarragona, Spain, CIF B-67069013; registered in the Mercantile Registry of Barcelona, Spain.
1) CONDITIONS OF ACCESS AND USE.
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider hired by users..
The use of the Portal attributes the condition of user of the Portal (hereinafter, the “User”) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the Portal or any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice in each instance in which he / she intends to use the Portal, since this and text and its conditions of use contained in this Legal Notice may be modified.
Some Portal services accessible to Internet users may be subject to particular conditions, regulations and instructions that, where appropriate, substitute, complete and / or modify this Legal Notice and that must be accepted by the User before the provision begins of the corresponding service.
2) INTELLECTUAL AND INDUSTRIAL PRPOPERTY
All the contents of the Portal, understood as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design, content files and source codes (in further, the “Contents”), are the intellectual property of the Bimetica Group or third parties, without which the User may be deemed assigned and none of the exploitation rights over them beyond what is strictly necessary for the proper use of the Portal.
The trademarks, trade names or distinctive signs, and domains are the property of Grupo Bimetica or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and / or distinctive signs and domains.
3) CONDITIONS OF USE OF THE PORTAL
3.1.- GENERAL
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to the Bimetica Group or third parties for any damages that may be caused as a result of breach of this obligation.
It is expressly forbidden to use the Portal for harmful purposes of goods or interests of The Bimetica Group or third parties or that may in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Grupo Bimetica or third parties.
3.2.- CONTENTS
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
With a merely enunciative character, the User in accordance with current legislation must refrain from:
a) Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in cases authorized by law or expressly consented to by the Bimetica Group or by the owner of the exploitation rights, as the case may be.
b) Reproduce or copy for private use the Content that can be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or made available to third parties when these acts necessarily involve the reproduction by the User or a third party.
c) Extract and / or reuse all or a substantial part of the Contents of the Portal, as well as the databases that the Bimetica Group makes available to Users.
The Bimetica Group warns of the possible use of data authentication mechanisms that allow to securely verify the identity of the user. The Bimetica Group reserves the right to inform the State Security Authorities and Bodies of fraudulent attempts to impersonate the hiring of its services.
3.3.- DATA COLLECTION FORMS
Notwithstanding the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to the Bimetica Group in the contact form are subject to viability evaluation by our administration.
All the information provided by the User through the Portal forms for the above purposes or any other must be true. For these purposes, the User guarantees the authenticity of all the data communicated and will keep the information provided to the Bimetica Group perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to the Bimetica Group or third parties for the information provided.
3.4.- INTRODUCTION OF LINKS TO THE PORTAL
The Internet User who wants to introduce links from their own web pages to the Portal must comply with the conditions set out below and use policy of Brands and Domains of the Bimetica Group without the ignorance of them avoiding the responsibilities derived from the Law. The link will only link with the homepage or main page of the Portal or its brands but it will not be able to reproduce it in any way (offline links, copy of the texts, graphics, etc).
In any case, it will be prohibited, in accordance with the applicable legislation enforced at any time, to establish frames or frames of any kind that involve the Portal or allow the display of the Contents through Internet addresses different from those of the Portal and, in Any case, when viewed together with contents outside the Portal so that: (I) produce, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) suppose an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of the Bimetica Group; or (IV) in any other way is prohibited by current legislation.
Any link with any king of false, inexact, or incorrect information about the Bimetica Group, its partners, employees, customers or the quality of the services provided shall not be introduced in the page that the link directs to.
In no case, will it be expressed on the page where the link is located that the Bimetica group has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any word, graphic or mixed-media of the brands or any other distinctive sign of the Bimetica Group within the sender’s page except in the cases permitted by our Policy of Use of Trademarks and Domains, the law or expressly authorized by the Bimetica Group and whenever permitted, in these cases, a direct link to the Portal in the manner established in this clause or our Policy of Use of Brands and Domains.
La página que establezca el enlace deberá cumplir fielmente con la ley y no podrá en ningún caso disponer o enlazar con contenidos propios o de terceros que: (I) sean ilícitos, nocivos o contrarios a la moral y a las buenas costumbres (pornográficos, violentos, racistas, etc.); (II) induzcan o puedan inducir en el Usuario la falsa concepción de que Grupo Bimetica suscribe, respalda, se adhiere o de cualquier manera apoya, las ideas, manifestaciones o expresiones, lícitas o ilícitas, del remitente; (III) resulten inapropiados o no pertinentes con la actividad de Grupo Bimetica en atención al lugar, contenidos y temática de la página web del remitente.
3.5.- SERVICES AND INFORMATION
The services and information are those that are described at any time in the Portal. The Bimetica Group reserves the right to increase or reduce the offer of its services and to publish and update the Portal information. The User must have an active manner and monitor the different services for their request, as well as the data and reports, which will be actively announced by the Bimetica Group in the Portal.
The Bimetica Group, will analyze the requests of the User to observe and decide on the suitability, seriousness, veracity and viability of the query or request. The sending of the e-mail or form by the User will not imply acceptance of the order or contractual relationship by the Bimetica Group.
3.6.- BLOG
The news, articles or information presented in the Portal have been prepared by Grupo Bimetica or its collaborators, only for general information purposes and does not constitute binding information for the decision making or study or analysis criteria.
The information provided should not be invoked or used as a substitute for the personalized consulting service of the Bimetica Group.
The use of the Portal does not create a contractual relationship between the Bimetica Group and the User. The publication of information on the Blog is not intended to create contractual or extracontractual links with the User.
You may print or e-mail a copy of any information published on the Portal for your personal, non-commercial use, but you may not publish any of the articles or publications on this website without the Express Permission and in writing from ther Bimetica Group.
4) EXCLUSION OF LIABILITY
4.1.- OF INFORMATION
Access to the Portal does not imply an obligation on the part of the Bimetica Group to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general and informative nature and do not constitute in any way, the provision of a counseling service of any kind, so that this information is insufficient for of kind personal or business decision-making by the user.
The Bimetica Group is not responsible for the decisions taken from the information provided in the Portal or for any damages caused to the User or third parties due to actions based solely on the information obtained in the Portal.
4.2.- OF THE QUALITY OF THE SERVICE
Access to the Portal does not imply an obligation on the part of the Bimetica Group to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.
The Bimetica Group is not responsible for the damages produced to the computer equipment of the Users or third parties during the provision of the Portal service.
4.3.- OF THE AVAILABILITY OF THE SERVICE
Access to the Portal requires services and supplies from third parties, including transportation through telecommunications networks whose reliability, quality, continuity and functioning does not correspond to the Bimetica Group. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Portal service.
The Bimetica Group is not liable for damages or losses of any kind caused to the User that result in failures or disconnections in the telecommunications networks that produced the suspension, cancellation or interruption of the Portal service during the provision of the same or prior to it.
4.4.- OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL
The access service to the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, The Bimetica Group acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible of the contents and services provided in the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he / she may communicate this to the Bimetica Group in accordance with the procedure and the effects established in clause 6, without this communication entailing the obligation to withdraw the corresponding link.
In any case, the existence of Linked Sites must presuppose the existence of agreements with the managers or owners thereof, or the recommendation, promotion or identification of the Bimetica Group with the demonstrations, content or services provided.
The Bimetica Group does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to the Bimetica Group.
5) PROTECTION OF PERSONAL DATA
The data collected through the contact forms of the Portal will be incorporated into an automated data file of a personal nature owned and responsible by Bimetica Parametric Design Services, SL, with CIF: B65592925, and address at Villarroel street nº 11, bajo 1, Postal Code 43820, Calafell, Tarragona, Spain. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its customers and promoting the activities of the company. Likewise, the data will be canceled, deleted and / or blocked if and when it is inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of legislation on the protection of personal data.
By pressing the submit form button, the User expressly consents that their data may be used for the purpose of providing services offered by the Portal and the Bimetica Group brands, authorizing the Bimetica Group to send them informative e-mails linked to the object of the query made by the User.
The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition and forgetting by addressing to this effect to the Bimetica Group with address Villarroel street nº 11, bajo 1, Postal Code 43820, Calafell, Tarragona, Spain or to the e-mail admin@bimetica.com and indicating in a visible way the concrete right that is exercised. For the exercise of this action, the User must identify himself correctly, indicating full name and surname, his tax identification number, address and registration e-mail.
The Bimetica Group adopts the security levels required by the legislation in force regarding the protection of personal data. However, the prior, technical security in a medium such as the Internet is not impregnable and there may be leaks due to fraudulent actions by third parties.
The Bimetica Group may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during his visit to a certain web page. This information is recorded in small files that are stored in the computers of the corresponding user in an imperceptible way. Each time the user returns to access the website in question these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user’s own terminal and unequivocally associated with this terminal. Cookies can not read the cookie files created by other providers.
The User has the possibility of configuring his browser program in such a way that the creation of cookie files is prevented or warned of the moment in which this occurs.
The Portal is accessible without the need to activate the options relating to cookie files, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the navigation of the User.
The data may be processed and / or communicated to the companies and brands that make up the Bimetica Group with the aim of offering services linked to your query, unless otherwise stated by sending an e-mail to admin@bimetica.com and indicating said motives. The Bimetica Group with CIF: B65592925, is domiciled at Villarroel street nº 11, bajo 1, Postal Code 43820, Calafell, Tarragona, Spain.
6) NOTIFICATION OF ACTIVITIES OF ILLICIT AND INAPPROPRIATE CHARACTER
In the event that the User or any other Internet user is aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morals, they may contact Grupo Bimetica indicating the following ends:
– Personal data of the caller: name, address, telephone number and email address;
– Description of the facts that reveal the illicit or inadequate nature of the Linked Site;
– In the case of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when a person other than the communicating party. Likewise, it must provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party;
– Express declaration that the information contained in the claim is true. The reception by the Bimetica Group of the communication provided in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator.
7) LEGISLATION AND JURISDICTION.
The company will make use of the civil or penal actions that by law correspond, before any undue use of its domain or Web Portal, as well as of the improper use of the Content in accordance with the terms of the Legal Notice. Disputes that may arise in relation to this domain will be governed solely by Spanish law.
For the resolution of any legal dispute arising from the interpretation and / or compliance with the Legal Notice, the parties, waiving any other general or special jurisdiction that may correspond to them, or because of the residence or domicile of the User outside of Spain, submit to the Courts and Tribunals of Barcelona capital. However, if the User has his residence or domicile in Spain and the consideration of “consumer”, the submission clause discussed above will not apply to him, but the applicable jurisdiction will be the one that corresponds to him at each moment according to said consideration.
8) LANGUAGE.
In the event that the Bimetica Group has provided a translation of the Spanish version in another language of this Legal Notice or any other documentation, the User agrees that such translation is only provided for the User’s convenience and that the Spanish version of this Notice Legal or any other documentation including future binding documentation, will govern the relations with the Bimetica group.
9) INFORMATION OF THE BIMETICA GROUP
The Bimetica Group – Bimetica Parametric Design Services, S.L., is domiciled atVillarroel street nº 11, bajo 1, Postal Code 43820, Calafell, Tarragona, Spain, CIF B-65592925; registered in the Mercantile Registry of Barcelona in 2011, Volume 42626, page 110, page 410653, entry 1; Contact telephone number +34 93-2267322 and contact email admin@bimetica.com; is the legitimate owner of the brands, of the Databases, Contents of the webs and web domains.
