1. COMPANY DETAILS
This text constitutes the Legal Disclaimer related to the proprietary website of Baring Private Equity Partners Spain (hereinafter “BPEP Spain”) located under the domain name “bpep.es” (hereinafter, the “Website”), the purpose of which is to identify the company, the nature of its business and the services rendered to the general public.
Pursuant to Article 10 of Spain’s Law no. 34/2002 dated 11 July on Information Society Services and E-Commerce, the details of the Website´s proprietary are the following.
Baring Private Equity Partners España, S.G.E.I.C., S.A.U. (“BPEP Spain”), company no. A-78418977, having its registered office at Hermosilla 11, 28001 Madrid (Spain) and registered with the Madrid Trade Register under Volume 7,673, General 6,633, Section 3, Page 1, Sheet M-75,316-1 and the Administrative Register of Spain’s National Securities Commission (hereinafter, “CNMV”) under number 3.
In the event that products and services are offered on the Website, they are subject to the applicable laws in Spain and supervision by the CNMV.
For any information on the profile, products and services of the Website´s proprietary, you may contact BPEP Spain through any of the following phone numbers and addresses:
Phone: (+34) 91 781 88 70
Fax: (+34) 91 781 88 77
2. PURPOSE AND SCOPE
The access to certain contents and the use of certain services may become subject to a set of Specific Terms and Conditions which may, if applicable, replace, complete and/or amend this Legal Disclaimer. In the event of discrepancy, the terms set out under the Specific Terms and Conditions shall prevail over the Legal Disclaimer.
The access to, browsing, and use of the Website, mean and represents the acceptance by the User of this applicable Legal Disclaimer as published from time to time.
User (the “User”) refers to any person accessing, browsing or displaying the contents hosted on the Website, and registered user (the “Registered User”) refers to any user accessing, browsing and registered to use, view, browse, host and/or download the contents and/or use the Website services.
3. INTELLECTUAL PROPERTY
Any proprietary name or trademark, source code, visual design, image, picture, sound, animation, software, logotype, text, as well as any content and information on BPEP Spain are protected by the Spanish Law on Intellectual and Industrial Property Rights in the name of BPEP Spain, and no reproduction and/or release, whether full or partial of the Website, or any IT processing, distribution, publication, change, conversion or decompiling, or any further proprietary rights acknowledged to their lawful owner, without any prior consent in writing from BPEP Spain.
The User may solely and exclusively use the contents available on the Website for his own personal or private use, whereby no licence of any kind or other rights in relation to the Website contents are not granted, the use of such material being forbidden for marketing purposes or for involvement in any unlawful activities.
Any rights resulting from the intellectual property of the Website are expressly reserved for BPEP Spain.
BPEP Spain shall protect the compliance of the terms and conditions of usage of the Website, as well as the appropriate use of the available contents on the Website, taking any legal actions as appropriate in the event of breach or default of such rights by the User.
4. PERSONAL DATA PROTECTION
Pursuant to the rules set out under the applicable Personal Data Protection rules, we hereby inform you that your data will be incorporated into the data processing system, property of BPEP Spain, in order to address any questions which may arise and submit the relevant information that could be of your interest. In compliance with the applicable rules, BPEP Spain states that the data will be kept as long as absolutely necessary to respect the aforementioned requirements.
Unless stated otherwise, we will assume that your personal data remains unchanged, therefore you must notify us of any changes thereof and give us your approval to use such data for the aforesaid purposes.
BPEP Spain represents that such data will be processed in a lawful, fair, transparent, adequate, appropriate, limited, accurate and updated way. BPEP Spain further undertakes to take all reasonable efforts to ensure that such data are deleted or rectified as soon as possible, if inaccurate.
Following the rights granted by the applicable data protection rules, you are entitled to carry out any access, rectification, processing restriction, deletion, transferability and opposition rights of your personal data, as well as the consent given for data processing, by submitting the relevant request to the postal address as indicated hereinbelow or by email to firstname.lastname@example.org.
Likewise, you may exercise your legal right to file a complaint before the competent authority that supervises the protection of personal data.
5. LIMITATION OF LIABILITIES AND COMMITMENTS
BPEP Spain shall refrain from producing any misleading advertising through its Website. For such purposes, therefore, any formal or numerical errors eventually found throughout the sections of BPEP Spain’s Website may not be considered as misleading advertising if resulting from the Website maintenance process and/or any incomplete or faulty updates included in such sections. Accordingly, BPEP Spain undertakes to correct such errors as soon as they are made aware of them.
BPEP Spain committs to not producing any marketing messages unless they are identified as such, pursuant to the rules set out under the Spain’s Law no. 34/2002 on Information Society Services and E-Commerce. To such effects, any information submitted to the clients of BPEP Spain will not be regarded as a marketing message, provided that its purpose is to maintain an existing relationship between the client and BPEP Spain, nor will the generation of any information or training tasks, or any other activities related to the service agreed by the client and received from BPEP Spain.
BPEP Spain disclaims any liability for the User incurring in any breach of the applicable rules when accessing BPEP Spain’s Website, neither when using the contents of the Website.
BPEP Spain, and any of their managers and/or employees will not be liable for the potential and/or real losses, costs and damages of any nature, including but not limited to, any direct or indirect damage resulting from the use of the information, services or contents available on the Website or any add-on programs or applications.
Any links and hypertext enabling that grant access by the User to the benefits or services provided by any third parties through the Website do not belong to nor are under the control of BPEP Spain, which disclaim any liability for the information available from such sources or any consequences that may derive from such information.
BPEP Spain disclaims any liability for the unauthorized use by any third parties of any trademarks, product names and brands which are not property of BPEP Spain that are shown on the Website. The company also disclaims any liability for the integrity, truthfulness or lawfulness of the content of the website links which may be accessed to from the Website.
BPEP Spain disclaims any liability for any virus resulting from any electronic transfer introduced by third parties (e.g., program macros, Java applets and Active X software) generated to harm or negatively affect IT equipment or systems.
The User is solely responsible for the use made of the services, contents, links and hypertext included in the corporate Website.
6. JURISDICTION AND APPLICABLE LAW
The BPEP Spain Website and its contents shall be governed by the regulations and laws of Spain.
The agreements entered into by BPEP Spain with the User shall be governed by the regulations in force in Spain in relation to the applicable laws and the competent jurisdiction.
However, in such events where the rules empower the parties to submit to a specific court, BPEP Spain and the User, expressly waiving their right to submit any dispute to any other competent court, shall submit such dispute and/or proceedings to the courts of the city of Madrid, whereby the laws of Spain will apply.