The present provisions regulate the service use of the Internet portal (hereinafter, the “Portal”) that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Bimetica) makes available to Internet Users.
BIMsupport© is a brand of Bimetica Parametric Design Services, S.L., henceforth BIMsupport.
1) CONDITIONS OF ACCES AND USE
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the 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´s 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 of the occasions in which he or she intends to use the Portal, since this 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 PROPERTY
All the contents of the Portal, understood by these 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 cods (from now on, the “Contents”), are the intellectual property of Bimetica or third parties, without being understood for them to be ceded to the User along with the exploitation rights over them beyond what is strictly necessary for the correct use of the Portal.
The brands, commercial names, or different signs are the property of Bimetica or tird parties, withtout it being understood that the access to the Portal atributes any rights over the cited brands, commercial names, and or distinct signs.
3) CONDITIONS OF THE USE OF THE PORTAL
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Bimetica 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 Bimetica or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Bimetica or third parties.
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 abstein from:
a) Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in cases authorized by law, expressly consented to by Bimetica 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 Databases 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 Bimetica makes available to Users.
Bimetica warns of the possible use of data authentication mechanisms that allow to securely verify the identity of the User. Bimetica reserves the right to make known to the State Security Authorities, and similar Bodies, fraudulent attempts to impersonate in the contracting of its services.
3.3.- DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to Bimetica are conditioned upon the prior completion of the corresponding user registration through the contact form.
All the information provided by the User through the Portal contact 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 Bimetica 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 Bimetica 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 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 Bimetica; or (IV) in any other way is prohibited by current legislation.
Any link with any king of false, inexact, or incorrect information about Bimetica, 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 Bimetica 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 Bimetica 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 Bimetica 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.
The page that establishes the link must fully comply with the law and can not, in any case, make use of or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that Bimetica subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of Bimetica in attention to the place, content and subject of the website of the sender.
4) EXCLUSION OF LIABILITY
4.1.- OF INFORMATION
Access to the Portal does not imply an obligation on the part of Bimetica 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.
Bimetica 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 Bimetica 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.
Bimetica 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 Bimetica. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Portal service.
Bimetica 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, Bimetica 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 Bimetica 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 Bimetica with the demonstrations, content or services provided.
Bimetica 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 Bimetica.
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 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 as stated in each of the Manufacturer´s general conditions which have contracted the services of BIMsupport.
The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition and forgetting by contacting the address stated in clause 9 and indicating in a clarly visible way the specific right the user chooses to excercise
Bimetica 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 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.
6) NOTIFICATION OF ILLGAL OR INAPROPRIATE ACTIVITIES
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 Bimetica indicating the following Extremes:
– Personal information 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.
In the event that Bimetica 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 Bimetica.
The site https://bimsupport.info/, uses the so-called “cookies”, our own and those of third parties, which are files that our server deposits in the User’s browser and that have different functions of a technical and analytical nature, facilitating personalized and fluid navigation.
For these purposes, it is reported that Google Inc. is considered a safe harbor within the regulations for the protection of personal data.
The cookie list of the site https://bimsupport.info/, which they use, are the following:
On Twitter, Facebook, Google +, YouTube, LinkedIn, Instagram, Pinteres, and WordPress.
However, Bimetica Parametric Design Services, SL, adheres to the policy and standards of “Do not track” that guarantee maximum privacy when browsing our website, if you wish, you can deactivate and / or eliminate these cookies. through two procedures:
9.3.- Following the instructions of your Internet browser.
Below, you will find examples and instructions on how to proceed with the blocking of cookies in the main browsers that are currently used:
Inside “Preferences” of Safari, go to the section on “Privacy”. Chrome
Within “Preferences”, in the “Settings” section, go to “Advanced Options”, “Privacy” and enter “Content Configuration” Firefox
Go to the “Settings” area and within it to “Privacy”. Explorer
Go to “Options on the Internet” and there to “Privacy”.
Go to “Options”, within this, “Advanced” and there to “Cookies”.
9.4.- Through the functionality that our own Web offers.
This functionality, in turn requires the deposit of a cookie, strict technical content, that records the decision made by the User.
10) INFORMATION OF BIMETICA.
The address of Bimetica Parametric Design Services, S.L., is Calle Vigo N ° 30, 1º – 4ª, CP. 08901, L Hospitalet de Llobregat (Barcelona), Spain, CIF B-65592925; registered in the Mercantile Registry of Barcelona, Spain. Contact telephone: +34 932 267 322 and contact email: email@example.com; Bimetica is the proprietor of the brand BIMsupport®, of its database and the domain https://bimsupport.info/