GENERAL ACCESS CONDITIONS AND USE OF THE FOTOSOLAR WEBSITE
The Company FOTOVOLTAICO SOLAR Y ENERGIAS RENOVABLES FOTOSOLAR, S.L. (hereinafter FOTOSOLAR, S.L.) makes the website FOTOSOLAR.COM available to all citizens, visitors and companies, under the terms and conditions set forth below:
One.- Definition of user.
By accessing and/or using FOTOSOLAR.COM the individual becomes a user of the website, unreservedly accepting from that moment the present General Conditions, without prejudice to the Particular Conditions that FOTOSOLAR, S.L. may establish for the regulation of certain services and/or content.
Users who are minors must obtain prior permission from their parents, tutors or legal representatives, who for all intents and purposes shall be considered responsible for all the acts carried out by the minors under their charge.
Two.- Users’ obligations.
Users are obliged to use FOTOSOLAR.COM in good faith, in accordance with the legislation in force, public order and generally accepted uses and customs.
Furthermore, users shall be under obligation not to use FOTOSOLAR.COM for illicit or damaging purposes to the detriment of the rights and/or interests of FOTOSOLAR, S.L., and not to damage or prevent the normal operation of FOTOSOLAR.COM.
Three.- Users’ responsibility.
Users shall be solely and exclusively responsible for the use that they make of FOTOSOLAR.COM. Furthermore, FOTOSOLAR, S.L., shall be exempt from any damage caused directly or indirectly to the users themselves or to third parties by the non-observance of the present General Conditions by users.
In this respect, FOTOSOLAR, S.L., reserves the right to refuse access to and/or use of FOTOSOLAR.COM or any of its content and/or services to any users who have breached the present General Conditions.
Four.- Responsibility of FOTOSOLAR, S.L.
FOTOSOLAR, S.L. shall not be responsible for damage of any kind that may be suffered by users or third parties as a result of:
(i) the lack of availability, maintenance or effective operation of FOTOSOLAR.COM, its services or content.
(ii) the lack of usefulness, accuracy, suitability or validity of FOTOSOLAR.COM, or of its services or content, in order to satisfy the needs or expectations of users.
(iii) a third party breaching the security measures put in place by FOTOSOLAR, S.L. and using FOTOSOLAR.COM, its content or services for sending viruses, or gaining access to carry out non-authorised treatment of the data stored by FOTOSOLAR, S.L.
(iv) any use made of FOTOSOLAR.COM, its services and/or content in general by users or third parties in breach of the Conditions of use and access established by FOTOSOLAR, S.L.
Five.- Authorisation for the use of content.
The content made available to users by FOTOSOLAR, S.L. is protected by the necessary intellectual property rights and has been legally ceded by its corresponding owners for the opportune purposes, which include amongst others:
FOTOSOLAR, S.L. authorises the use of the content of FOTOSOLAR.COM for the purposes expressly set forth on the website or in the present General Conditions. Any total or partial reproduction, distribution, modification or public communication of the said content is strictly forbidden, unless express authorisation has been granted and/or in the cases authorised by law.
Six.- Authorisation of use of brands and logos.
FOTOSOLAR, S.L. is the owner of all the industrial property rights of the brands and logos that appear in FOTOSOLAR.COM. Any use or reproduction made of them other than that which is expressly set forth in the present Conditions is strictly prohibited.
Seven.- Links.
The link devices made available to users by FOTOSOLAR, S.L., have the sole purpose of facilitating access to other content and/or services that may of interest to them, the said content and services not being managed or controlled by FOTOSOLAR, S.L.
FOTOSOLAR, S.L. shall not be directly or indirectly responsible in any way for the legality, accuracy, usefulness, quality or reliability of the content and/or services that are not directly managed or controlled by FOTOSOLAR, S.L., even if they may be accessed through FOTOSOLAR.COM.
Eight.- Treatment of personal data.
FOTOSOLAR, S.L., has established a Privacy Policy that regulates the gathering, storage, treatment and use of the personal data provided by users to FOTOSOLAR, S.L. In this respect, FOTOSOLAR, S.L. guarantees its fulfilment of the aforementioned policy, which may be consulted by users by accessing the link, entitled Privacy Policy, which appears at the bottom of the page of FOTOSOLAR.COM.
Nine.- Modification and cancellation of the present Conditions.
FOTOSOLAR, S.L., reserves the right to modify, whether partially or in its entirety, FOTOSOLAR.COM, its design, content and/or services, as well as the present Conditions whenever it deems it opportune.
Furthermore, FOTOSOLAR, S.L. reserves the right to interrupt, suspend temporarily or cancel definitively FOTOSOLAR.COM or any of the content and/or services encompassed by it, at its sole and full discretion.
Ten.- Applicable legislation and settling of disputes.
The parties, expressly waiving their own jurisdiction, accept that the present Conditions shall be governed by Spanish legislation and that they shall submit themselves to the Courts and Tribunals of the city of Madrid in order to settle any disputes or litigation that may arise from the said Conditions.
PRIVACY POLICY OF THE WEBSITE OF FOTOSOLAR, S.L.
FOTOSOLAR, S.L., in accordance with the legislation in force concerning personal data protection, informs the users of FOTOSOLAR.COM of its Data Protection Policy, which shall be of application in the treatment of personal data provided by users on accessing, using and/or registering with FOTOSOLAR.COM.
FOTOSOLAR, S.L. guarantees the confidential treatment of users’ personal data. Furthermore, in accordance with that set forth in article 9 of Organic Law 15/1999, of 13th December, concerning personal data protection, it has adopted the necessary technical and organisational measures in order to ensure the safety of personal data an avoid its alteration, loss, treatment or unauthorised access, taking into account the state of the technology, the nature of the stored data and the risks to which it is exposed, whether as a result of human action or due to the physical or natural medium.
Furthermore, FOTOSOLAR, S.L. informs users that the installations, systems and files in which their personal data is stored fulfil the security measures established by Royal Decree 994/1999, of 11th June, which approves the security measures applicable to automatic files with personal data.
USER REGISTER
The personal data of users requested in FOTOSOLAR.COM’s user register is subject to automatic treatment and is stored in a personal data file that is the responsibility of FOTOSOLAR, S.L., duly registered in the Data Protection Agency under the name "Users of FOTOSOLAR.COM".
The said data must be true, exact, complete and up-to-date. Users must accept sole responsibility for any direct or indirect damage that may be caused to FOTOSOLAR, S.L. or to any third party due to the data being false, inaccurate, insufficient or not up-to-date.
Users who are minors are informed that they must obtain prior authorisation from the adult responsible for them in order to provide the personal data requested. FOTOSOLAR, S.L., remains exempt from all responsibility for the breach of this requirement.
The purpose of collecting and treating the personal data requested in FOTOSOLAR.COM is: (i) the identification of users with the aim of providing more personalised assistance; (ii) the administration, study and improvement of the range of services; (iii) the study and design of new services according to users’ preferences; and (iv) the sending of technical, commercial and informational data concerning FOTOSOLAR.COM.
Data owners shall be entitled at all times to access the automatic files and exercise their right to rectification, cancellation and objection under the terms stipulated in the data protection legislation. For this purpose, FOTOSOLAR, S.L. has made some straightforward and free processes available to users.
The personal data provided to FOTOSOLAR, S.L. shall not be ceded to third parties without prior authorisation from its owners, except in the cases expressly stipulated by law, and providing that the requirements established therein are fulfilled.
In any case, users’ consent for the treatment and cession of their personal data may be withdrawn at any time, simply by informing the party responsible for the file in writing at the address of FOTOSOLAR, S.L. The said communication must be carried out by means of a letter signed by the owner of the data, sent by registered post, indicating the user’s address and including a copy of his/her ID document or another document proving his/her identity.