Legal notes

Legal Notes

20/04/2014

The present dispositions regulate the use of the Internet portal service (henceforth, the ‘Portal’) placed at the disposal of Internet users by the entity Bimetica Parametric Design Services, S.L. (henceforth, Bimetica).

1) GENERAL CONDITIONS

Access to the web page is free except with respect to the cost of connecting through the telecommunications network offered by the controlled access provider contracted by users. Certain services are exclusively for our Clients and Registered Users, and access to them is restricted.

Use of the Portal endows the condition of Portal user (henceforth, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a duration limited to the moment when the user is connected to the Portal or any of the services facilitated through it. Therefore, the user should read the present Legal Notice carefully each time he or she intends to use the Portal, because it and the conditions of use gathered in the present Legal Notice may suffer modifications.

Some of the Portal services accessible to Internet users or exclusive to Registered Users of Bimetica may be subject to particular conditions, regulations, and instructions that, in a given case, substitute, complete, and/o modify the present Legal Notice and must be accepted by the User prior to commencing the provision of the corresponding service

2) INTELLECTUAL AND INDUSTRIAL PROPERTY

All of the Portal’s contents, including but not limited to, the texts, photographs, graphics, images, icons, technology, software links, and other audiovisual or auditive content, as well as its graphic design, content archives, and source codes (henceforth, ‘Contents’), are the intellectual property of Bimetica or of third parties; in no case will any of the corresponding rights be understood to have been yielded to the User, beyond what is strictly necessary for the correct use of the Portal.

All brands, commercial names, or distinguishing signs are the property of Bimetica or of third parties, and in no case will it be understood that access to the Portal attributes any right over said brands, commercial names, and/or distinguishing signs.

3) CONDITIONS OF USE

3.1.- GENERAL
The user agrees to make correct use of the Portal in conformity with the law and the present Legal Notice. The User will respond to Bimetica or to third parties for any damages or injuries resulting from non-compliance with said agreement.

Use of the Portal for ends that are in detriment to the property or interests of Bimetica or of third parties, or that in any other way overload, damage, or render unusable the networks, servers, and other hardware or products and software belonging to Bimetica or third parties, is expressly prohibited.

3.2.- CONTENTS
The User agrees to utilise the Contents in conformity with the law and the present Legal Notice, as well as all other conditions, regulations, and instructions that may be applicable in conformity with Clause 1.

In accordance with current legislation, the User will abstain from conduct including, but not limited to:

  • a) Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Contents except in those cases authorised by law or expressly consented by Bimetica or the rightful proprietor, in the case of a third party. Refer to special conditions in the case of Registered Users.
  • b) Reproducing or copying for private use Contents that may be considered as Software or Database under current legislation on intellectual property, as well as communicating it publicly or making it available to third parties when said acts necessarily imply reproduction on the part of the User or a third party. Refer to special conditions in the case of Registered Users.
  • c) Extracting and/or re-utilising the totality or substantial part of the Contents of the Portal, as well as the databases that Bimetica makes available to the Users. Refer to special conditions in the case of Registered Users.

The Registered Users will be he or she who registers data of a personal character, these being truthful, and Bimetica adhering to Clause 5. Said user may use the Contents in conformity with relevant legislation and the present Legal Notice, and in particular may download, reproduce, copy, and publish contents, use them in a private database, and promote them, after receiving written authorization from Bimetica. Transforming, modifying through any procedure, or altering the Contents’ information, partially or in their totality, in exchange for payment or for free, is expressly prohibited for all Users. Refer to special conditions in the case of Registered Users.

Bimetica warns of the possibility that it may use data authentication mechanisms that allow it to verify Users’ identities in a secure manner. Bimetica reserves the right to inform the Authorities and organs of State Security of fraudulent attempts to falsify identity while contracting it’s services.

3.3.- DATA COLLECTION FORMS

Clause 5 notwithstanding, the present Legal Notice, the use of certain services, or requests sent to Bimetica are conditioned to the previous completion of the corresponding User’s Registration.

All of the information facilitated by he User through the Portal’s forms to these effects, or any other, must be truthful. To this effect, the User guarantees the authenticity of all of the data he or she submits and will maintain the information provided to Bimetica perfectly updated so that it responds, at all times, to the User’s real situation. In any case, the User will be the only one responsible for false or inexact statements realized and the harms caused Bimetica or third parties for the information facilitated.

3.4.- LINKING TO THE PORTAL

The Internet user who wishes to establish links to the Portal from his or her own web page must observe the conditions detailed as follows; ignorance of these does not waive the responsibilities derived from Law. The weblink will only link to the homepage or main page of the Portal, but must not reproduce it in any form (offline links, copying text, graphics, etc.).

It is prohibited, in any case, in accordance with the relevant legislation at any time, to establish frames of any type regarding to the Portal or allowing the visualization of the Contents through Internet addresses different from that of the Portal, and, in any case, when visualized together with contents alien to the Portal in such a way that: (I) it produces, or may produce users’ error, confusion, or deceit as to the true origin of the service or Contents; (II) it involves an act of comparison or disloyal imitation; (III) it serves to take advantage of Bimetica’s brand or prestige; or (IV) it is in any other way forbidden by current legislation.

False, inexact, or incorrect statements of any kind about Bimetica, its shareholders, employees, or clients, or about the quality of the services provided shall not be made from the page establishing the link.

In no case will it be expressed, in the page where the link is located, that Bimetica has consented the establishment of the link or in any other way endorses, collaborates, verifies, or supervises the services of the linker.

The use of any representative mark, graphic or mixed, or any other distinguishing sign of Bimetca on the linking page is prohibited, except in those cases allowed by law or expressly authorized by Bimetca so long, in these cases, as a direct link to the Portal is permitted in the manner provided for in the present clause.

The page establishing the link must firmly observe the law and must not, in any case, provide or link to contents of its own or belonging to third parties that: (I) are illicit, harmful, or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false notion that Bimetica subscribes, backs, adheres to, or in any way supports the ideas, statements, or expressions, licit or not, of the linker; (III) are inappropriate or not pertinent to the activity of Bimetica in terms of the place, contents, and themes of the linker’s page.

4) WAIVER OF LIABILITY

4.1.- INFORMATION
Access to the Portal does not imply an obligation on the part of Bimetica to verify the veracity, exactitude, adequacy, perfection, exhaustiveness, or currency of the information provided through it. The Contents of the Portal are of a general character and do not constitute, in any way, a consultation service of any kind, so that said information is understood to be an insufficient basis for personal or entrepreneurial decision making by the User.

Bimetica does not respond for decisions taken on the basis of information provided through the Portal, or for any damages or injuries experienced by the User or third parties as a result of actions based solely on information obtained through the Portal.

4.2.- QUALITY OF SERVICE
Access to the Portal does not imply an obligation on the part of Bimetica to control the presence of viruses, worms, or any other harmful computer-based element. The User, in any case, bears sole responsibility for the use of tools adequate for the detection and removal of harmful software.

Bimetica does not respond for damages or injuries to hardware belonging to the User or to third parties during the provision of the Portal’s services.

4.3.- AVAILABILITY OF SERVICE
Access to the Portal requires services and supply by third parties, including telecommunication networks whose reliability, quality, continuity, and functioning are not Bimetica’s responsibility. Therefore, services provided through the Portal may be suspended, cancelled, or rendered inaccessible, during the provision of the Portal’s services or previously.

Bimetica does not respond for damages or injuries of any kind experienced by the User as a result of failures or disconnections of telecommunication networks which produce the suspension, cancellation, or interruption of the Portal’s services during their provision, or previously.

4.4.- CONTENTS AND SERVICES LINKED THROUGH THE PORTAL
Access to the Portal includes linking mechanisms, directories, and even search instruments that allow the User access to other Internet pages and portals (henceforth, ‘Linked Sites’). In these cases, Bimetica acts as provider of mediation services in conformity with Article 17 of Spanish Law 34/2002, 11 July, On Services in the Information Society and Electronic Commerce (LSSI), and will only be responsible of the contents and services provided on Linked Sites insofar as, having effective knowledge of an illegality, has failed to deactivate the offending link with due diligence. In the event that the User considers there is a Linked Site with illicit or inadequate content, he or she may notify Bimetica in accordance with the procedure and to the effects established in Clause 6, with said notification in no case implying an obligation to remove the corresponding link.

In no case, the existence of Linked Sites should presuppose the existence of agreements with their proprietors or responsible parties, or the recommendation, promotion, or identification of Bimetica with the expressions, contents, or services provided.

Bimetica ignores the contents and services of Linked Sites and therefore does not respond for the damages caused by the illegality, quality, lack of currency, indisposition, error, or inutility of the contents and/or services of the Linked Sites or for any other damage not directly imputable to Bimetica.

5) PROTECTION OF PERSONAL DATA

The data collected through the Portal’s data collection forms will be incorporated into an automatic personal data file that Bimetica is responsible for. Said entity will treat the data in a confidential matter, and exclusively for the purpose of managing the relationship with its clients and promoting the society’s activities. Likewise, data will be cancelled, erased, and/or blocked when it is inexact, incomplete, or no longer necessary or pertinent to its purpose, in accordance with current legislation regarding data protection.

By clicking the ‘Send Form’ icon, the User will be registered (Registered User) and expressly consents to the possibility that his or her data may be used for sending commercial communications via electronic mail or any other means.

The User may revoke the consent offered and exercise his or her rights of access, rectification, cancellation, and opposition by referring to the address provided in Clause 9 and indicating in a visible form the concrete right being exercised.

Bimetica adopts the security levels required by Spanish Royal Decree 1720/2007, 21 December, by which are adopted the Regulations for the development of Organic Law 15/1999, 13 December, for the Protection of Personal Data. The above notwithstanding, technical security on a medium like the Internet is not unbreachable, and filtrations may exist as a result of the damaging acts of third parties.

Bimetica may use cookies during the provision of the Portal’s services. Cookies are automatic information collection procedures regarding the preferences set by a user during his or her visit to a website. This information is registered in small files stored imperceptibly on the user’s hardware. Each time the user re-accesses said website, the archives are automatically activated so that the website is configures according to the preferences selected during prior visits. In summation, cookies are physical personal information files stored on the user’s own terminal and inequivocably associated to said terminal. Cookies cannot read cookie files created by other providers.

The User has the option o configure his or her browser in such a way as to prevent the creation of cookie files or warn him or her the moment this takes place.

While access to the Portal does not require options relevant to cookie files to be activated, they may impede the correct functioning of security mechanisms for exclusive services or certain services that require heightened security. As a general rule, the purpose of the Portal’s cookie files is to facilitate the User’s browsing.

6) COMMUNICATION OF ILLICIT OR INADEQUATE ACTIVITIES

In case that the User or any other Internet user gains knowledge that the Linked Sites link to pages whose content or services are illicit, harmful, degrading, violent or immoral, he or she may contact Bimetica, notifying out the following:

  • – Notifier’s personal data: name, address, telephone number, and email address;
  • – Description of the facts that reveal the illicit or inadequate character of the Linked Site;
  • – In case of a rights violation, such as the infringement of intellectual and industrial property rights, the personal data of the bearer of the affected right, when he or she is different from the notifier. Likewise, title accrediting the legitimacy of the rights-bearer, and, given the case, the right of representation in name of the rights-bearer, when the representative is different from the notifier.
  • – Express declaration that the information contained in the claim is truthful.

– Reception by Bimetica of the communication foreseen in this clause does not imply, according to the LSSI, effective knowledge of the activities and/or content indicated by the notified.

7) LEGISLATION AND JURISDICTION

Bimetica will make use of such civil and penal actions as seen fit by Law, with regard to any undue use of its domain or Portal, as well as undue use of its Contents in accordance with this Legal Notice. Litigation that may arise concerning said domain will be governed exclusively by Spanish Law.

For the resolution of any judicial controversy deriving from the interpretation and/or fulfilment of the Legal Notice, the parts, renouncing any rights they may possess by virtue of any other general or special body of law, or of residing outside the borders of the Spanish State, submit themselves to the Courts and Tribunals with jurisdiction within the City of Barcelona. Notwithstanding, if User’s residence is located within Spain and User is considered a “consumer”, the above submission clause will not be applicable. The applicable body of law will be that which at any given time corresponds in accordance with said consideration.

8) LANGUAGE

When Bimetica has facilitated a translation of a Spanish version of the present Legal Notice or any other documentation in a different language, the User accepts that said translation is only facilitated for his or her comfort, and that the Spanish version of this Legal Notice or any other documentation, including future binding documentation, will govern his or her relationship with Bimetica.

9) COOKIES POLICY

www.bimetica.com, www.bimetica.es, and fabricantes.bimetica.com

9.1.- Cookies use, policy and information of “Do not tack”.
The sites Www.bimetica.com, www.bimetica.es, and fabricantes.bimetica.com uses its own and thrid party “cookies”, which are files that our server places in the user´s web browser, that have different functions of technical and analytical nature, providing a personalized and fluid navigation.

9.2.- The user accepts the use of cookies and IP tracking.
Our web traffic analyzer uses cookies and IP tracking to collect data for statistical purposes. Data such as: date of first visit, number of visits, date or last visit, url, prior visited domain, web browser, and screen resolution.

n particular, we notify that this website uses Google Analytics, a web analytics service provided by Google Inc., a Delaware company whose main office is located at 1600 Amphiteatre Parkway Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users behavior on the site. The information generated by the cookie about your behavior on the website (including your IP address) will be transmitted directly to. and stored, by Google on servers in the United States. Google will use this information on our behalf in order to track your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage . Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf . Google will not associate your IP address with any other data held by Google . You may refuse the use of the collected data or information by rejecting the use of cookies by selecting the appropriate settings on your browser , however , be aware that doing so may not be able to use the full functionality of this website . By using this Web site , you consent to the processing of data, provided by you, by Google in the manner, and for the purposes, described above .

For this purpose, it is reported that Google Inc. is considered safe harbor within the rules of data protection .

The relation of cookies to the sites:the www.bimetica.com cookies, www.bimetica.es and fabricantes.bimetica.com, are:

  • From Google Analytics: _utma, _utmz, _utmb, _utmc. Its purpose is the already mentioned analytical traffic generated at the Site.
  • Purpose: login authentications, user preferences, site data reviews, language selection.
  • From our “Do not track”management system: Bimetica´s Purpose: To save user preferences regarding cookies.

Through social networks users can also get information that Bimetica publishes. These networks also use cookies, which are regulated the network´s own specific conditions, for information and caveats arising from modifiations that these third parties might issue, Bimetica outside, could introduce Bimetica has accounts in the following social networks:

  • In Twitter
  • In Facebook
  • In Google +
  • In Youtube
  • In LinkedIn
  • In WordPress
  • In Pinterest

However, Bimetica Parametric Design Services Ltd., is committed to a policy and standards “Do not track” guaranteeing maximum privacy while navigating in our site. If the user wishes to disable and / or delete cookies, there are two procedures :

9.3.- Following the instructions of the utilized web browser.
If you do not want our information systems, based on the use of cookies, to collect information about your interaction with our website, you can prevent it freely by following some simple steps through your browser. The fact that precludes the use of cookies, can lead to slower functioning of the web browser or interaction on our website, and a difficulty in accessing any of our services.

Below are examples and instructions on how to block cookies in the most popular used web browsers:

Safari

Under “Preferences” from Safari, go to “Privacy”.

safari

Chrome

Under “Preferences”, in the “Configuration” section, go to “Advanced Options”, “Privacy”, and then “Content Configuration…”

chrome

Firefox

Go to “Configuration” area and then to “Privacy” tab

firefox

Explorer

Go to “Internet Options”, and then “Privacy” section.

ie_privacy

Opera

Go to “options”, then “Advanced”, and then select “Cookies” section.

opera

9.4 -. Through our the functionality that our own website offers

Bimetica employs software that enables the user to interact with the decision our cookies or not. On website´s landing page, the user will find a warning concerning the use of cookies, and with it, the choice to allow or disallow the use of cookies.

This functionality, in turn, requires the deposit of a cookie, strictly limited to technical content, to record the decision made by the user.

10) COMPANY INFORMATION

Bimetica Parametric Design Services, S.L., legally residing at Calle Dr. Marti i Julia N°64, Entresuelo (A), CP. 08903, L’Hospitalet de Llobregat (Barcelona), España, CIF B-65592925, registered in the Barcelona Mercantile Registry; Tomo 42626, folio 110, hoja 410653, inscripción 1º; is the legitimate proprietor of the brand Bimetica®, as well as the Contents of its Database and the domain www.bimetica.com. Contact Telephone 34 + 93-2267322 and contact email info@bimetica.com.

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