General conditions
Access to and use of certain services that are open to Users registered with Exolum is provided through the Website, making it possible for such Users to gather information, interact, make consultations and perform transactions with Exolum through the Website.
EXOLUM CORPORATION, S.A., with Tax Code A-28018380, (hereinafter referred to as “Exolum”) is the Exolum Group entity that owns the rights and is responsible for the obligations related to the use of this Website and the systems of the Exolum Group.
The details of the department that manages the Website are as follows:
Communication
Registered office: Titán, 13, 28045 – Madrid
info@exolum.com
Telephone: + 34 91 7746000
Exolum reserves the right to modify the presentation and configuration of the Website, besides the architecture of the information, the services offered and the conditions under which these are presented, at any time and without prior warning, its main objective always being to improve the service offered to our customers.
Access to and use of the Website confers the status of User on the individual, and presupposes the prior reading and acceptance by the User of these Terms of Use as published on the Website. It shall be understood that with access to and use of the Website the User expressly, fully and without reservation accepts the contents of each and every one of the Terms of Use in the version published on the Website at the time of accessing same. Should the User disagree with the contents of the Website Terms of Use, he/she shall refrain from accessing its contents and making use of its services.
The Website User assumes, is aware of and accepts through the mere fact of accessing it, that the data and information regarding contents and other any other contents on the Website appear there solely and exclusively for information purposes, as information of a preliminary nature that is placed there for the attention of the User, and Exolum does not guarantee its accuracy, due to the fact that at any given moment it may contain errors, lack of precision or not have been updated.
2. Terms of access and use
2.1 Terms of access
Access to certain services is made through User identification and Password, which means that the User first has to register.
Activation or registration of the User may be requested through the Website under the Contact option appearing there, by sending an electronic mail with his/her personal details, the service he/she intends to access and the reason for requiring such access. Exolum may reject the request in those cases where the need for access is not considered to be suitably justified.
The Website access codes that are assigned to the registered User are of a personal, non-transferable nature.
2.2. Correct use of the Portal and the services
2.2.1. The User undertakes to use the Website and any of the services that can be accessed through it without entering into any activities that may be considered illicit or illegal, may breach the rights of Exolum or third parties, or may infringe these Terms of Use, current legislation and, in general, any conduct that attacks, aids and abets or may constitute an outrage against respect for human dignity, the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality or any other personal or social circumstance.
2.2.2. In using the services offered through the Website, the User undertakes, in general, to refrain from sending copies of messages to different mail lists, without taking into consideration whether it is a subject that is either appropriate or desired by the recipient, and from sending commercial communication by electronic mail or equivalent Exolum electronic methods and, in particular, he/she undertakes to refrain from:
- Destroying, altering, rendering useless or damaging the Exolum electronic data or documents in any other way.
- Obstructing access by other Users to the functioning and contents of the Website and its services through massive consumption of the computer resources through which Exolum provides its services, or carrying out activities that are likely to damage, interrupt or generate errors in these systems.
- Using the system in an attempt to access restricted areas of the Exolum or third-party computer systems.
- Introducing, through any method, programmes, viruses, macros or any other logic device or sequence of characters that cause or are likely to cause any kind of disturbance in the EXOLUM or third-party computer systems that are providing the Website with services.
- Supplanting the identity of another User.
- Infringing the intellectual or industrial property rights of Exolum, the authors of the contents or any third party.
2.3. Intellectual and industrial property. Correct use of the contents
2.3.1. All Website contents (including, but not limited to, databases, images, photographs, patents, industrial use models, drawings, graphics, text, audio and video files, and software) are the property of Exolum or the providers of contents and applications which, where appropriate, have licensed or assigned their exploitation to Exolum. The aforesaid contents are appropriately protected by Spanish and international rules and regulations governing intellectual and industrial property.
The architecture of the contents (understood to be the design, browsing capability, arrangement and taxonomy of the Website and its contents) is the exclusive property of Exolum or its providers and is protected by applicable regulations concerning intellectual and industrial property issues.
2.3.2. All software used in the use and functioning of the Website is the property of Exolum or its service providers and is protected by applicable regulations concerning intellectual and industrial property issues.
2.3.3. All Exolum trademarks, signs, distinguishing marks or logos, its programmes and services that appear on the Website are the property of Exolum and are duly registered or in the process of being registered.
2.3.4. When databases, images, photographs, patents, industrial use models, drawings, graphics, text, audio and video files, and software that are the property of Exolum or its providers and appear on the Website, are made available for use by Users, under no circumstances does this mean the assignment of their ownership or the granting of a right of exploitation in favour of the User other than the use of these contents that legitimate use of the Website carries with it.
2.3.5. The User undertakes to use the Website contents with all due diligence and in a correct and licit manner and, in particular, undertakes to refrain from using the contents in any way and for purposes or effects that are contrary to law, morals or public order.
2.3.6. Any use of the Website contents, including reproduction, copy, sale, distribution, diffusion, publication, exhibition, public communication, transformation or modification of the contents is absolutely forbidden, unless Exolum has first authorized this.
2.3.7. The User undertakes to refrain from suppressing, evading or manipulating the copyright and other identification details of the reservation of right of Exolum or its providers.
3. Limitation of liability
Exolum does not guarantee or take responsibility for any damages arising from:
- Use of the Website by Users in an illicit, negligent, fraudulent manner and/or in any way that contravenes these Terms of Use.
- The existence of any harmful viruses or programmes that are contained on the Website.
- Non-availability of its services or contents, besides its maintenance.
- Lack of validity or suitability to the needs of the Users of the services and information contained on the Website.
- Non-fulfilment by third parties of the obligations related to the services provided through the Website.
4. Privacy and processing of personal details
4.1. General rules
Exolum maintains a policy of full respect for and compliance with the confidentiality of the information processed through the Website and, in particular, with the protection of the personal data of its Website Users.
The persons and processes that have access to personal data are under the obligation to respect User privacy and the confidentiality of User personal details.
Use of the Website by the User entails i) acceptance of these conditions, ii) your acknowledgment that the information and details you have provided over the Website are exact and true, and iii) that you consider yourself to be fully informed as regards the first transfer of data. Consent for the communication of data may be revoked at any time, although it will not have retroactive effects.
EXOLUM CORPORATION, S.A., with Tax Code A-28018380, is the data controller responsible for the processing of your personal data. Your personal data are processed for the purpose of compliance with our legal obligations, management of the contract and/or the commercial relationship maintained with Users, to send communications, if applicable, and to control the security of the facilities, pursuant to the terms of the privacy policy. The legal basis for the processing is the performance of the contract and the relationship with the Users, compliance with our legal obligations, our legitimate interest and, if applicable, the User’s consent. The Users’ data will be shared with Exolum Group companies for internal management and to those service providers that need access thereto, and when required by a legal obligation or a competent authority. You can access the list of entities belonging to the Exolum Group at the following link: https://exolum.com/wp-content/uploads/2021/07/20210720-Documento-Sociedades-Grupo-EXOLUM.pdf
Users may at any time exercise their rights of access, rectification, objection, erasure, restriction and portability, as well as their other rights, in the terms set forth in applicable regulations, by writing to the following e-mail address info@exolum.com or by ordinary mail to the address of the registered office at C/ Titán, 13 28045-MADRID.
For the purposes of Regulation (EU) 2016/679 of 27 April 2016 (“General Data Protection Regulation”) and concordant regulations, you are informed that you may obtain all the information relative to the processing of your personal data in the Data Protection Policy of the Exolum Group, available via the following link: Data Protection Policy of the Exolum Group
4.2. Browsing
Cookies are a set of data that an Internet server sends to the User navigator with information about the use that has been made of the server pages, and stores this information in a User directory file for it to be used on any subsequent visit to that server.
EXOLUM wishes to inform its Website Users that the User browsing data will not be controlled by cookies.
5. Procedure in the event of any illegal activities being carried out
If Exolum should learn that the User carries out, through the services made available through this Website, any activities that could possibly threaten the rights of third parties or that constitute illegal acts, Exolum may take the necessary steps to prevent such activities from continuing and reserves the right to initiate the appropriate legal actions.
6. Applicable Legislation and Jurisdiction
These Conditions shall be governed in accordance with Spanish law.
The courts and tribunals of Madrid are hereby stated to be competent for the settling of any dispute that may arise from the existence, access to, use of , or contents of these Conditions, with express waiver of any other jurisdiction that may be cited.