1. Data Controller

Owner: Ewala IT services SL (hereinafter referred to as "EWALA")

Registered Address: 21 Peña Brava Street, Office 1B, Silvota Industrial Park, Llanera, Postal Code 33192, Asturias, Spain.

ID Number: ESB42987651

Phone: +34984109069

Email: rgpd@ewala.es

2. Purpose

These general conditions regulate the access, browsing, and use of the services provided through this website (hereinafter referred to as "the Website"). However, EWALA reserves the right to modify the presentation, configuration, and content of the Website, as well as the conditions required for its access and/or use.

Visiting and using the Website implies that the user (hereinafter referred to as "the User") accepts all the conditions stated in this Legal Notice, which have the same validity as any written and signed contract. The User should carefully read this Legal Notice, as it and its terms of use may be subject to modifications. In the event that the User does not agree with the terms outlined, they should refrain from browsing or using the Website.

3. Intellectual and Industrial Property Rights

EWALA is the owner or, where applicable, holds the corresponding licenses for the intellectual and industrial property rights of the Website, as well as the intellectual and industrial property rights of the elements contained therein.

All the contents of the Website, including but not limited to images, photographs, documents, software, text, graphics, trademarks, logos, distinctive signs, color combinations, structure and design, etc., (hereinafter referred to as "the Contents"), are the intellectual property of EWALA or its licensors. Accessing and using the Website does not grant the User any rights over these contents.

In accordance with the Intellectual Property Law, the reproduction, distribution, and public communication, including the availability, of all or part of the contents of the Website for commercial purposes, in any format and by any technical means, are expressly prohibited. Furthermore, the User shall refrain from deleting, altering, circumventing, or manipulating any protection devices or security systems installed on EWALA's website.

4. Links

In cases where the Website contains links or hyperlinks that provide access to third-party websites that are independent of other websites, EWALA informs that it does not exercise any control over these websites or their content, as they are not owned by EWALA. Therefore, EWALA assumes no responsibility for the content and operation of external websites.

The links to third-party websites depend on each linked site, and the content of these pages, as well as the security configuration of such environments, are the responsibility of the entity that owns them. EWALA assumes no responsibility for the content of linked sites, nor does it guarantee that the links to other sites are accurate at the time of access or that these sites are operational at all times, as it does not conduct periodic checks on their status.

EWALA shall not be liable for any information that directs clients of its services through links to other websites if it does not have effective knowledge that the activity or information to which such links refer is illegal or infringes upon the rights of third parties that are subject to compensation, or if it does have such knowledge, it acts diligently to remove or disable the corresponding link.

5. Terms of Use

The User undertakes to make proper use of the Website in accordance with the law and this Legal Notice.

The User shall be liable to EWALA or third parties for any damages that may be caused as a result of the breach of this obligation. The use of the Website for purposes that are detrimental to the assets or interests of EWALA or third parties, or that in any way overload, damage, or disable the networks, servers, and other computer equipment (hardware), or the products and computer applications (software) of EWALA or third parties, is expressly prohibited.

6. Disclaimer

EWALA does not guarantee the truthfulness, accuracy, adequacy, suitability, or timeliness of the content provided by third parties and is exempt from any contractual or non-contractual liability with users who make use of such content.

Access to the Website does not imply an obligation on the part of EWALA to control the absence of viruses, worms, or any other harmful computer elements on the website or the server that supplies it. The User is solely responsible for having the necessary tools to detect and disinfect harmful computer programs. EWALA is not liable for any damages caused to the computer equipment of Users or third parties during the provision of the Website service. Similarly, EWALA does not guarantee or take responsibility for the invulnerability of the Website or the impossibility of breaching the security measures implemented on it, nor for any damages or losses caused to itself or a third party by anyone who breaches the conditions and instructions established by EWALA on the Website or by the violation of the Website's security systems. However, EWALA declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the functioning of the Website and to minimize system errors, both from a technical perspective and with regard to the content published on the Website.

Access to the Website requires services and supplies from third parties, including transport through telecommunications networks, the reliability, quality, continuity, and operation of which are not the responsibility of EWALA. Consequently, the services provided through the Website, as well as the continuity of its contents, may be suspended, canceled, or become inaccessible, either before or during the provision of the Website service.

 

EWALA shall not be held liable for any damages or losses of any kind incurred by the User that result from failures or disconnections in the telecommunications networks that cause the suspension, cancellation, or interruption of the Website service, either during its provision or beforehand.

If the User becomes aware of the existence of illicit or inappropriate content that may constitute an infringement of intellectual or industrial property rights or any other rights of third parties, they must immediately notify EWALA so that appropriate measures can be taken. Receipt of such communication by EWALA, as stipulated in this clause, does not constitute effective knowledge, according to the provisions of the Law on Information Society Services and Electronic Commerce (LSSI), of the activities and/or contents indicated by the notifier.

7. Data Protection

In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, and its implementing regulations, the User is informed that all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy.

EWALA will use its social media profiles to advertise its own products and services. In cases where it decides to process the User's contact data (social media profile and/or email address) for direct commercial prospecting actions, it will always comply with the legal requirements of the current data protection regulations.

8. Cookies

See the cookie policy.

9. Miscellaneous

In the event that any provision of this legal notice is declared null or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such nullity or unenforceability shall not affect the remaining provisions of this legal notice.

 

10. Jurisdiction and Applicable Law

For any dispute or issue arising from the application or interpretation of this Legal Notice, the parties shall apply the principles of good faith and be governed by the current Spanish legislation.

For the resolution of disputes, and waiving any other jurisdiction to which they may be entitled, the User and EWALA expressly submit to the jurisdiction of the courts and tribunals of the city of Gijón (Asturias, Spain).

 

Date: July 1, 2023