Gestair

Legal Notice

General conditions for use of the website

General conditions of the website www.gestair.es and www.gestair.com

These general conditions regulate the privacy policy and use of the GESTAIR website under the domains www.gestair.es and www.gestair.com (hereafter, “the website”), for which GESTAIR, S.A.U. (hereafter, GESTAIR) is owner and responsible party, with registered office in calle Anabel Segura nº 11 – Edificio A – 2C, CP 28108, Alcobendas, Madrid, registered in the Commercial Register of Madrid in Volume 4589 general, 3776 of Section 3 of the Book of Companies, page 80, sheet number 36.306, entry 1, and with CIF tax identification number A28472124. For notifications, this address is provided, as well as the following email address info@gestair.com and telephone number +34 91 625 99 00.

Use of the website assumes and implies the user’s full and unreserved acceptance of all the Terms of Use of the GESTAIR website active at each moment of the user’s access, and therefore must be read attentively and, if the user does not agree with any of the conditions established here, they must not use this website.

1.- Intellectual and Industrial Property

The user recognises and accepts that all industrial and intellectual property rights over the contents and/or any other elements on the website (including, but not limited to, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, animations) belong to GESTAIR. In no case will access to the website imply any kind of waiver, transmission, licence or full or partial transfer of said rights, except when expressly established. These Terms of Use for the website do not allow the users any right to the use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its content other than that expressly previously mentioned here. Any other use or exploitation of any rights will be subject to prior and express authorisation authorised by GESTAIR specifically to the effect.

GESTAIR authorises the users to use, view, print, download and save the contents and/or other elements on the website exclusively for their personal, private, and non lucrative use, as long as they indicate their origin and/or creator and, if appropriate, the copyright symbol and/or a note on industrial property appears naming GESTAIR as owner. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompiling is totally prohibited. It will be necessary to obtain prior written consent from the owner of the rights for any other use than those expressly permitted.

2.- Conditions for access and use of the website

2.1 Access and use: the user recognises and accepts that access to and use of the website and its content is carried out knowingly, and under their exclusive responsibility. GESTAIR may establish additional limits and conditions for the use of and/or access to the website and its contents, which must be respected by the user.

2.2. Authorised use of the website: the user commits to make appropriate and lawful use of the website and its content, respecting the current applicable legislation at all times, the Terms of Use, the generally accepted morals and customs, and public order. The user will refrain from (i) making unauthorised or fraudulent use of the GESTAIR website and/or its content; (ii) accessing or trying to access restricted resources or areas without fulfilling the requirements established by said access; (iii) using the GESTAIR website and its contents for illicit or illegal purposes, or purposes contrary to those established in the Terms of Use, good faith, customs or public order, in any way which is adverse to the rights and interests of third parties, or which may damage or impede in any way the normal use or enjoyment of the GESTAIR website and its content; (iv) causing damage to the physical or digital systems of GESTAIR or third parties; (v) uploading or spreading computer viruses on the network or on any other physical or digital system, likely to cause damage to the physical or digital systems of GESTAIR or third parties; (vi) trying to access, use or manipulate GESTAIR or third party data; (vii) reproducing, copying, distributing, allowing public access through any mode of public communication, changing or modifying the contents of the GESTAIR website, unless with authorisation from the owner of the corresponding rights or legal permission; (viii) deleting, hiding or manipulating the notice on industrial and intellectual property rights and other information identifying the rights of GESTAIR or third parties, incorporated in the contents, as well as the technical devices and elements for protection or other information mechanisms which have been inserted in the contents; (ix) obtaining and trying to obtain contents by means or procedures other than those indicated or available on the web pages where said content is found or, in general, different from those usually used on the internet.

2.3 Uploading links: users who wish to establish a link or hyperlink between their website and the GESTAIR website will have to obtain previous authorisation from GESTAIR, and in all cases will have to comply with the following obligations: (i) the link will only allow access to the website, but cannot reproduce it in any way; (ii) links cannot be established with pages other than the home page; (iii) a frame or border environment will not be created on the website; (iv) inaccurate or false information must not be provided about the website; (v) it will not be considered that GESTAIR has carried out supervision of the content or services advertised or offered on the website establishing the link; (vi) the website establishing the link may not contain any brand, commercial name, designation, logo or any other distinctive sign belonging to GESTAIR, without authorisation; (vii) the website establishing the link will not have illicit content or content contrary to the law, morals, customs or public order, or which is adverse to the rights of third parties. The establishment of a link will not imply, in any sense, a relation between GESTAIR and the owner of the website establishing the link, nor the awareness or approval of GESTAIR of the contents published on said website, for which GESTAIR will have no responsibility for the consequences which may derive from it.

3.- Exclusion of guarantees and responsibilities

3.1. For the function of the website: GESTAIR does not guarantee the availability or continuity of the website or other websites with which a link has been established. Likewise, GESTAIR will not be responsible for any damages which may be derived from (i) the lack of access or availability of the website or other websites with which a link has been established; (ii) the interruption of the function of the website or computer faults, telephone failures, disconnections, delays or blocks caused by deficiencies or overloads on telephone lines, on the internet or on other electronic systems produced over the course of their function; (iii) the unsuitability of the website for the specific needs of users and (iv) other damages which may be caused by third parties through unauthorised interference, beyond the control of GESTAIR.

GESTAIR uses virus detection programmes to control the contents which are entered on the website. Nevertheless, GESTAIR does not guarantee the absence of viruses nor of other elements on the website uploaded by third parties beyond the control of GESTAIR, which may create changes to the physical or digital systems of the users, or in the documents and files stored on their systems. GESTAIR will therefore not be responsible for any damages of any nature which may be derived from the presence of viruses or other elements which may cause changes in said elements.

GESTAIR uses protection measures to protect its website and its content from computer attacks from third parties. Nevertheless, GESTAIR does not guarantee that unauthorised third parties will be unable to access the user’s use of the website, or the conditions, characteristics or circumstances in which said use is made. GESTAIR will therefore not be responsible for damages which may result from said unauthorised access.

3.2. For the use of the website: GESTAIR will not be responsible for the use that users or third parties may make of the website or its content, and therefore will not be responsible for damages which may result.

3.3. For the contents: GESTAIR does not guarantee or make itself responsible for the legality, reliability, usefulness, truthfulness, exactness, exhaustiveness or timeliness of the contents of third parties published on its website, and consequently, will have no responsibility in relation to it.

4.- Protection of personal data

GESTAIR guarantees compliance with Organic Law 15/1999 on Protection of Personal Data, and its regulations and implementation, and thus commits to (i) using the personal data which it has access to solely and exclusively for the purposes for which they have been requested; (ii) observing and adopting any means of security necessary to ensure the confidentiality, secrecy and integrity of the personal data to which it has access, as well as adopting any means of security in the future which may be required by laws and regulations intended to maintain the secrecy, confidentiality and integrity in the automated treatment of personal data; (iii) not to transfer the personal data to which it has access to third parties in any case, even for the purpose of its conservation; (iv) destroying the data provided by the user once the purpose for which they were requested has been served; in general to aid the user in exercising all rights they have by virtue of current legislation, specifically guaranteeing the exercise of rights of access, rectification and cancellation of the personal data which belongs to them; (v) for requesting information and the user verifying compliance with this clause, as well as exercising the rights to access, cancellation and rectification, as well as those previously mentioned, and, in general, for any other type of communication, GESTAIR indicates the contact information at the start of this Legal Notice.

5.- Other

5.2 To access the restricted access areas, users must register and have corresponding access keys. GESTAIR reserves the right to freely accept or reject the registration request of any user. The data entered by the users must be exact, up to date, and truthful, and will be processed and treated by GESTAIR in compliance with the applicable legislation on protection of personal data. Users will be responsible at all times for their access keys, and will therefore bear the exclusive responsibility for any damages which may be derived from misuse, as well as their theft or loss. In case of forgetting the access key, losing it, or any other circumstance which may constitute a risk of access or use by unauthorised third parties, users must immediately contact GESTAIR to block and replace the access key.

5.3 In case of the user’s non-compliance with any of the sections of these Terms of Use, GESTAIR reserves the right to take action in compliance with the law and the right to legitimately defend its interests and demand liability deriving from said non-compliance.

5.4 The declaration of any of these Terms of Use as null, invalid, or inefficient will not affect the validity or effect of the rest, which will continue to be binding for the parties.

6.- Applicable law and jurisdiction

The provision of the website service and these Terms and Conditions of the website are regulated by Spanish law. The parties specifically renounce any other jurisdiction which may correspond to them, and agree to submit to the jurisdiction of the courts of the capital of Madrid.

COOKIE POLICY

A cookie is a file which is downloaded to your computer upon accessing certain websites. Cookies allow a website, among other functions, to store and recover information about the navigation habits of a user or their equipment and, depending on the information they contain and the way that the equipment is used, may be used to recognise the user. The user’s browser saves cookies to hard disc only during the current session, using minimal memory space and not damaging the computer. Cookies do not contain any type of specific personal information, and the majority of cookies are deleted from the hard disc upon ending the browsing session (these are called session cookies).

The majority of browsers accept cookies by default and, independently from them, allow or prevent temporary or saved cookies through security settings.

Without your express consent – through the activation of cookies on your browser – GESTAIR, S.A.U will not link cookies with saved data containing your personal data provided when registering or purchasing.

What types of cookies does this website use?

Technical Cookies: These allow the user to navigate through a website, platform or application and to use different options or services which it provides, such as, for example, controlling data traffic and communication, identifying the session, accessing restricted access sections, recalling the elements which make up an order, carrying out the purchasing process of an order, carrying out the request for registration or participation in an event, using security elements during navigation, storing content for broadcasting videos or sound and sharing content through social networks.

Customisation cookies: These allow the user to access the service with some general predefined features in terms of a series of criteria in the terminal of the user such as, for example, language, type of browser through which the service is being accessed, regional configuration from which the service is being accessed, etc.

Analysis cookies: These are used by us or by third parties, allowing us to quantify the number of users and thus carry out statistical measurement and analysis of the use which users make of the provided service. To do so, navigation on our website is used in order to better provide the products or services which we offer.

Third party cookies: The gestair.com website may use third party services which, on behalf of gestair.com, collect information for statistical purposes, about the user’s use of the site and to provide other services related with the website’s activity and other internet services.

In particular, this website uses Google Analytics, an analytical web service provided by Google Inc. with registered offices in the United States and central headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043. To provide these services, they use cookies which collect information, including the IP address of the user, which will be passed on, treated and stored by Google in the ways specified on the Google.com website. This includes the possible transfer of said information to third parties for reasons of legal requirement or when said third parties process the information on behalf of Google.

By using this website, the user expressly accepts the treatment of the collected information in the way and with the purposes previously mentioned. Likewise, the user acknowledges the possibility of rejecting the treatment of said data or information by rejecting the use of cookies by selecting the appropriate configuration on their browser; even though this option of blocking cookies on their browser may not allow the user full use of all the functionalities of the website.

You may allow, block or delete the cookies installed on your equipment through configuration of the options of the browser installed on your computer:

If you have any queries about this cookie policy, you can contact GESTAIR, S.A.U at info@gestair.com

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