LEGAL NOTICE AND TERMS OF USE OF THE WEBSITE

Read this document carefully, as it represents the Legal Notice and Terms of Use (hereinafter, the “Legal Notice”) that regulates the access, browse and use of the website www.azora.es of the entity AZORA CAPITAL, S.L. (hereinafter, the “Website”).

The access, browse and use of the website implies your acceptance without exceptions of the terms of this Legal Notice, having the same validity and effectiveness as any written and signed contract.

Its observance and compliance are required by any person accessing, browsing or using the Website. If you do not agree with the exposed terms, do not access, browse or use the Website.

 

  1. INTRODUCTION AND COMPANY INFORMATION.

AZORA CAPITAL, S.L. (hereinafter, “AZORA”), is an entity with registered office in Madrid, c / Serrano 30 2nd floor right. – 28001 Madrid, with Tax Identification Number (NIF) B-84777465, registered in the Madrid Company’s Registry, in Volume 23,756, Page 224, Section 8th, Page M-415,362.

For more information about AZORA CAPITAL, S.L., visit www.azora.es or contact us through the email address info@azora.es, or phone +34-913106370.

 

  1. OBJECT AND SCOPE OF APPLICATION.

This Legal Notice regulates the access to the contents and all the services offered by AZORA through the Website, as well as its use by the Users. Nevertheless, AZORA 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. The access and use of the contents and services after their modifications or changes in the conditions represent their acceptance.

The access, browse and use of the Website entails and implies acceptance by the User of this Legal Notice.

In this sense, User (or, in plural, Users) will be understood as the person who accesses, browses, uses or participates in the services and activities, free or onerous, given in the Website.

 

  1. ACCESS AND USE OF THE WEBSITE 

3.1. Access to the Website.

Access to the contents and use of the services and initiatives provided by the Website is free, although some of the services and contents offered by AZORA to third parties through the Website may be subject to prior contracting and payment of a quantity, which will be specified in their own contract conditions.

It is prohibited to access the Website by minors, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by minors under their care, in accordance with current regulation. In any case, it will be presumed that the access made by a minor to the Website has been made with prior and express authorization of their parents, guardians or legal representatives.

3.2. Use of the Website.

The User agrees to use the Website in accordance with the law and with the terms of this Legal Notice. The User also undertakes to abstain from using the Website for unlawful purposes or effects that are against this Legal Notice. By using the services, the User agrees to this Legal Notice, agreeing not to transmit, disseminate or make available to third parties through the services provided by URL www.azora.es any kind of material that in any way contravenes the current legislation.

Likewise, the User accepts, expressly and without reservations, that the access to and the use of the Website is made under his / her sole and exclusive responsibility, and undertakes not to use the Website for fraudulent purposes, as well as not to carry any conduct that could damage the image, interests and rights of AZORA or third parties. Likewise, the User undertakes not to perform any act with the intention to damage, disable or overload the Website, or to prevent, in any way, the normal use and operation of it.

The User is informed that in case of breach of the content of this Legal Notice or of any other terms or conditions contained in the Website, AZORA has the right to limit, suspend or terminate the access to the Website, adopting any technical measure necessary for that purpose. Likewise, AZORA reserves the right to exercise such measures if it reasonably suspects that the User is violating any of the terms and conditions contained in the aforementioned instruments.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

This Website is governed by the Spanish law and by national and international legislation on intellectual and industrial property. In no case will it be understood that the access and navigation of the User through the Website, or the use, acquisition and / or contracting of products or services offered through the Website, implies a waiver, transmission, license or total or partial cession of such rights by AZORA. The User has a strictly private right of use, exclusively for enjoying the services provided in accordance with this Legal Notice.

References to names, trademarks or commercial brands, logos or other distinctive signs, owned either by AZORA or by third parties, implicitly prohibit their use without the consent of AZORA or its legitimate owners. At no time, unless expressly stated, the access or use of the Website and / or its contents and / or services confers the User any rights over the brands, logos and / or distinctive signs included in the Website protected by Law.

All rights of Intellectual and Industrial Property are reserved on the contents and / or services and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents and / or service included in the Website, for public or commercial purposes, without the prior, express and written authorization of AZORA or, as the case may be, the owner of these rights.

 

  1. COOKIES

We inform you that the Website may use cookies during the provision of the service with the purpose of facilitating navigation and preload your preferences. For more information, consult our Cookies Policy.

 

  1. PRIVACY POLICY

AZORA will be able to process the personal data collected through www.azora.es. For more information, consult our privacy policy.

 

  1. LICENSE ON THE COMMUNICATIONS

In the event that the User sends information of any kind to AZORA through the Website, through the channels provided for that purpose on the same Website, the User declares, guarantees and accepts that has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties. The User acknowledges assuming the responsibility and will leave AZORA unscathed for any communication that he personally provides or in his / her name, reaching such responsibility without any restriction the accuracy, legality, originality and ownership of it.

 

  1. RESPONSIBILITIES AND GUARANTEES.

AZORA cannot guarantee the reliability, usefulness or veracity of the services or of the information provided through the Website. As a consequence, AZORA does not guarantee or deems responsibility for:

(i) the continuity of the contents of the Website;

(ii) the absence of errors in these contents or products;

(iii) the absence of viruses and / or other harmful components on the Website or on the server that provides it;

(iv) the invulnerability of the Website and / or the impregnability of the security measures adopted in it;

(v) the lack of use or performance of the contents and products of the Website;

(vi) the damages or losses caused, to himself or to a third party, by any person that violates the conditions, rules and instructions that AZORA establishes in the Website or through the violation of the security systems of the Website.

Nevertheless, AZORA declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to prevent the existence and transmission of viruses and other harmful components to the Users.

If the User has knowledge of the existence of any content that is illicit, illegal, contrary to the laws or that could suppose an infringement of intellectual and / or industrial property rights, he must immediately notify AZORA in the way indicated in the clause so that AZORA can proceed to take the appropriate measures.

 

  1. LINKS.

9.1 Links to other Web pages.

In the event that the User finds links to other webpages through different buttons, links, banners, etc., on the Website, these would be managed by third parties. AZORA does not have the faculty nor human or technical means to know, control or approve all the information, contents, products or services provided by other Websites to which links can be established from the Website.

Hence, AZORA cannot assume any type of responsibility for any aspect related to the Web page to which a link could be established from the Website, specifically, including but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

In this sense, if the Users have any knowledge of the illegality of the activities developed through these third-party Webpages, they must immediately communicate to AZORA so that the access link to it can be disabled.

The establishment of any type of link from the Website to another website does not imply that there is any kind of relationship, collaboration or dependence between AZORA and the person responsible for the other Website.

9.2 Links in other Web pages destined to the Website.

If any User, entity or Website wishes to establish any type of link to the Website, it must comply with the following stipulations:

The link can only be directed to the Home Page of the Website, unless expressly authorized in writing by AZORA.

The link must be absolute and complete, that is, it must take the User, through a click, to the URL of the Website and must fully cover the entire length of the Home Page of the Website. In no case, unless AZORA expressly authorizes it and in writing, the Website that makes the link may reproduce, in any way, the Website, include it as part of its Website or within one of its “frames” or create a “browser” on any of the pages of the Website.

The page that establishes the link cannot declare in any way that AZORA has authorized such link, unless AZORA has done so expressly and in writing. If the entity that makes the link from its page to the Website correctly wishes to include in its Web page the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of AZORA and / or the Website, must have previously an express authorization in writing.

AZORA does not authorize the establishment of a link to the Website from those Web pages that contain materials, information or illegal contents, degrading, obscene, and in general, that contravene morality, public order or generally accepted social standards.

AZORA does not have the faculty or human and technical means to know, control or approve all the information, contents, products or services provided by other Web sites that have established links to the Website. AZORA does not assume any responsibility for any aspect related to the Website that establishes this link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of the products and services, its own links and / or any of its contents, in general.

 

  1. COMMUNICATION OF ILLICIT OR INADEQUATE ACTIVITIES 

In the event that the User or any other Internet User is aware that any kind of information or content of the Website or provided through it is illicit or inadequate, the User can contact AZORA, through the following address of email info@azora.es, indicating the following extremes:

Personal data of the User: name, address, telephone number and email address.

Description of the facts that reveal the illicit or inappropriate nature of the content or information, as well as the specific address in which it is available.

In the event of violation of rights of third parties, such as intellectual or industrial property, the data of the owner of the infringed right must be provided when he is a person other than the communicating party. Likewise, it must provide the title that proves the ownership of the rights violated and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party.

The reception by AZORA of the communication provided in this clause will not imply, according to the provisions of the Law on services of the Information Society and Electronic Commerce, the effective knowledge of the activities and / or contents indicated by the caller when this is not obvious or evident. In any case, AZORA reserves the right to suspend or withdraw the contents that, although not being illegal, are contrary to the rules established in this Legal Notice, weighing in each case the legal rights in conflict.

 

  1. DURATION AND MODIFICATION. 

AZORA may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way as this Legal Notice appears or through any type of communication to Users. The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until they are totally or partially modified, at which time the modified Legal Notice will become valid.

Irrespective of the provisions of the conditions, AZORA may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the website, with the User not being able to demand any compensation.

 

  1. BASIC CONCEPTS

The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the Legal Notice. In the event of a discrepancy between the provisions of this Legal Notice and the specific conditions of each specific initiative, the provisions of the latter will prevail.

In the event that any provision of this Legal Notice was considered null or inapplicable, in whole or in part, by any Court or competent administrative body, that nullity or non-application will not affect the other provisions of the Legal Notice.

The non-exercise or execution by AZORA of any right or provision contained in this Legal Notice will not constitute a waiver, unless acknowledgment and agreement in writing by you.

 

  1. LEGISLATION AND APPLICABLE JURISDICTION.

The relations established between AZORA and the User shall be governed by the current Spanish regulation. AZORA and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any disputes and / or litigation to the knowledge of the Courts of the city of Madrid.

 

PRIVACY POLICY

 

AZORA CAPITAL, S.L. (AZORA or the Entity) makes this Privacy Policy available to the users of the website located in the URL www.azora.es (the Website), in order to provide information about how we process your personal data and protect your privacy and information.

AZORA requests that users spend a few minutes carefully reading this Privacy Policy.

 

INTRODUCTION

This Privacy Policy applies to the AZORA website, made available to the public in the URL www.azora.es, as well as to the user’s interactions with AZORA through that website.

AZORA may change this Privacy Policy when necessary.  If any changes are made, we will notify you through the website or by other means, in order to find about the new Privacy terms and conditions. By continuing to make use of the functionalities made available by AZORA after having been notified of these changes you will state your agreement with them, except for those cases in which your express consent is required.

 

Who is the Controller for your personal data?

The controller for the personal data is the company AZORA CAPITAL, S.L. holder of tax identification number B-84777465 with registered office in Calle Serrano, 30, 28001 Madrid.

To guarantee adequate management of the processing of your data, AZORA has appointed a Data Protection Officer, whom you may address for any matter that might arise and who can be contacted at the email address rslopd@azora.es

 

What is the purpose of processing your personal data?

The personal data provided by users of this website may be processed by AZORA for the following purposes, depending on the type of data provided by the user, as well as on the interactions between the user and AZORA through the website.

 

  1. Contact and management and processing of website users’ queries and requests:The personal data of users who contact AZORA through any of the contact channels made available through the website in order to receive queries and/or requests from users will be processed to maintain contact between the parties, manage website users, provide customer or user service, and manage and process user requests or queries sent via the channels provided for this purpose on our website.

 

  1. “Careers”(processing of candidates’ data): The personal data of users who contact AZORA through the “Careers” section in our website may be processed by AZORA to receive the CVs of potential candidates and, if applicable, decide on their acceptance as candidates and enable their participation in our selection processes. In those cases in which the user contacts AZORA through the “Careers” section, we will send them detailed information about the data processing for the purposes described and will also request your consent to perform that data processing.

 

We also inform you that the Azora Group manages its selection processes in a unified manner. For this reason, your candidacy could be considered in connection to Azora Capital, S.L. or other entities that are part of their business group. If this involves the transfer of data to entities other than Azora Capital, S.L., we will duly notify you, informing you about this data transfer and obtaining your consent prior to the data transfer.

 

What data are processed by AZORA and what are their sources?

The data processed by AZORA as a result of the user’s interactions through our website come from the following sources:

  • Data provided by the user by filling in the forms to manage communication with users made available by AZORA or by any other means by which the user communicates with AZORA.
  • Data generated as a result of the development, processing, and maintenance of the relationship established between the user and AZORA.

AZORA may process personal data of the following types, depending on the relationship established with the user:

  • Identification and contact data (e.g. name and surname, email, postal address, telephone, IP address, etc.)
  • Academic or professional data and/or employment details (e.g., data included in the CV).
  • Other data types. Only if the website user provides other types of data in their interactions with AZORA, mainly through the reports issued through the Whistleblower’s Channel made available online by the Company, will these data be processed by AZORA, only if their processing is required for the purpose sought. Otherwise, the data will be destroyed without having been previously stored by AZORA.

 

What is the legal basis for the processing of your data by AZORA?

AZORA processes the personal data provided by the users of its website on the following legal bases, depending on the type of data provided by the user, as well as on the user’s interactions with AZORA:

  1. The processing of your data for the purpose of “Contact and management and processing of website users’ queries and requests” is based on the management and processing of the legal relationship established between the user and AZORA, that is, on the management of the request, on the maintenance of the contact between the parties, and, if applicable, on the provision of the service requested by the user, as well as, if necessary, on the consent to be requested of the user.
  2. The processing of your data for the purposes “Commercial communications pertaining to HISPANIA” is based on the consent requested in each case of the user.

AZORA informs that it will only transfer personal data for the purposes based on the user’s consent in those cases in which the user consented to each type of processing, through the means to obtain consent made available by AZORA.

 

Who are the recipients of your data?

AZORA informs users that the purposes of processing detailed in this Privacy Policy do not entail the transfer of their data by AZORA to third-party entities.

 

How long will we keep your personal data?

AZORA will keep your personal data for as long as required for the provision of the service requested and/or to achieve the purpose of the processing sought.

Later, provided that the user has not exercised its right of removal, their data will be kept during the applicable legal periods, taking into account the type of the data as well as the purpose of their processing.

In any case, the user may request detailed information about the data retention periods applied at AZORA by contacting our Data Protection Officer, who can be contacted at rslopd@azora.es

 

What personal data should be provided in each case?

AZORA informs users that, when personal data are obtained through a form made available on our website, the user must provide at least the data specified as mandatory in the form in question. If at least those data, which are regarded as mandatory, are not provided, AZORA will be unable to manage the service or the query made by the user.

 

What should you warrant by providing your personal data?

The user warrants that the information provided is true, accurate, complete, and up-to-date. They are responsible for any harm or loss, direct or indirect, that may be caused as a result of a breach of this obligation.

If the user provided these third-party data, they warrant that they have informed that third party of all the aspects of this Privacy Policy and obtained their consent to provide their data for the purpose of their processing in question. All this prior to the supply of third-party data through our website.

AZORA informs you that, in order to provide your personal data in any way through our website you must be older than 18. Users who provide data to AZORA through this website represent and warrant that they are older than 18 and are entirely responsible for this statement.

 

What measures to we take to protect your personal data?

Given AZORA’s interest in ensuring the security and confidentiality of your data, the security measures required for personal data protection have been taken and the technical measures at its disposal have been implemented to prevent loss, misuse, alteration, unauthorised access, and theft of the personal data provided through the Website. In any case, it should be borne in mind that online security measures are not unassailable.

 

What are your rights over your personal data?

AZORA informs you that you have the right to receive the confirmation of whether we are processing personal data affecting you or not.

AZORA also informs you that you have the following rights over your personal data:

  • Accessing your data: You have the right to access your data to find which personal data concerning you we are processing.
  • Requesting the rectification or removal of your data: Under certain circumstances, you have the right to rectify those personal data that you regard as inaccurate and concern you, and are processed by AZORA, as well as the right to request the removal of your data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
  • Requesting the limitation of the processing of your data: Under certain circumstances, you will have the right to request that we limit the processing of your data, in which case we inform you that we will only keep the data, the limitation of processing of which has been requested for the exercise or defence of claims.
  • To the portability of your data: Under certain circumstances, you will have the right to receive the personal data that concern you and that you have provided to us, in a commonly used structured format that is automatically read, as well as to their transfer by AZORA to another controller.
  • Objecting to the processing of your data: Under certain circumstances and for reasons connected to your specific situation, you will have the right to object to the processing of your data, in which case we will cease to process them unless we must continue to do so for legitimate imperative reasons or for the exercise or defence of potential claims.

 

We also remind you that you have the right to withdraw any of the consents given for the processing of your data, without this affecting the lawfulness of the processing based on the consent prior to their withdrawal.

AZORA informs you that you may exercise your rights over personal data by means of a written message sent to AZORA CAPITAL, S.L., with the subject line “Data Protection”, together with your national identification document or an equivalent document, on both sides, which may be sent to either of the following addresses:

AZORA will provide the information requested within one month from the reception of the request.  This period may be extended by an additional two months if necessary, taking into account the complexity and volume of requests.

AZORA notifies you that you may file a claim with the competent Control Authority as regards data protection. However, in the first instance, you may file a claim with the Data Protection Officer, who will settle the claim within a maximum of two months.