Website Legal Notice
1. Our details
Pursuant to article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico, hereinafter, the “LSSI”), we inform you that the web page (hereinafter, the “Website”) is operated by DIANA CAPITAL S.G.E.C.R., S.A. (hereinafter, “DIANA CAPITAL”), a company with Tax I.D. Code A – 82.527.367, entered at the Madrid Commercial Registry on Volume 14.905, Folio 43, Section 8, with address at Paseo de la Castellana, 95, Planta 29, Edificio Torre Europa, 28046, Madrid . You may obtain further information about our company in section “Diana Capital” of the Website or by sending an e-mail to the following address email@example.com.
2. Content of the Legal Notice
2.1 Acceptance of the Legal Notice
This Legal Notice regulates the use of the information society services made available by DIANA CAPITAL to Internet users through the Website.
Additionally, through the Website, DIANA CAPITAL may offer User, among others, the access services to the information contained in our exclusive private area for registered users. The use of said services may be subject to particular conditions or instructions that should be accepted by User and that, as stated in each specific case, replace, complete and/or amend this Legal Notice.
2.2 Website use conditions
Access to the Website is free of charge other than as regards the cost of connection through the telecommunications network supplied by the access provider contracted by User.
User undertakes not to use the Website for fraudulent purposes, and not to carry out any form of conduct that could damage the image, interests or rights of DIANA CAPITAL or of third parties. In addition, User undertakes not to carry out any act to damage, disable or overload the Website or that impedes its ordinary use and operation in any manner.
Lastly, we inform User that DIANA CAPITAL reserves the power to decide at any time to discontinue the information society services it provides through the Website.
2.3 Intellectual and Industrial Property
The intellectual property rights over the Website content (sui generis right over the database), its look & feel, the underlying software (including source codes) and the various items making up the Website (texts, graphics, photographs, videos, sound recordings, etc.), hereinafter, the “Content”, are held by DIANA CAPITAL or its licensors. The proprietary rights over the distinctive signs included in the Website (trademarks and trade names) are held by DIANA CAPITAL or its licensors.
The use of the Website by User does not imply the assignment of any intellectual and/or industrial right over the Website, the Content and/or the distinctive signs of DIANA CAPITAL. To such effect, other than in those events in which this is permitted by law or upon prior authorization in writing from DIANA CAPITAL, the User is expressly prohibited from reproducing, transforming, distributing, publicly disclosing, providing, extracting and/or reusing the Website, its Content and/or the distinctive signs of DIANA CAPITAL.
2.4 Linking policy
2.4.1 Setting up of links to the Website
It is prohibited to set up links to the Website, unless the link in question has been previously authorized by DIANA CAPITAL. In any event, once a link has been authorized by DIANA CAPITAL, it must be set up as follows:
- The link will only connect to the Website home page.
- The link may not consist of frames that permit the Website to be viewed through Internet addresses other than those of the Website or that in any other manner show the Website information together with that included in other web pages.
- No misrepresentation, inaccuracy or incorrect statement on the Website and/or DIANA CAPITAL shall be made in the web page including the link (hereinafter, the “Linking Site”).
- The authorization granted by DIANA CAPITAL will never mean that: (i) it sponsors, cooperates with, verifies or supervises the content and/or services provided through the Linking Site; or (ii) is responsible for the content of the Linking Site.
- The Linking Site must comply in full with any applicable laws and may never host own or third-party content that: (i) is unlawful, noxious or contrary to ethics or good customs (pornographic, violent, racist, etc.); (ii) misleads or could mislead the User to consider that DIANA CAPITAL subscribes to, backs, adheres to or in any manner supports the lawful or unlawful ideas, statements or expressions of the sender; and (iii) is inappropriate or irrelevant relating to the activity of DIANA CAPITAL.
In the event of breach of any of the aforementioned terms, DIANA CAPITAL will immediately proceed to cancel the link without prior notice.
2.4.2 Linked Sites
To assist the User in finding additional information, we have included various linking devices that permit the user to access other websites (hereinafter, the “Linked Sites”). In these cases, DIANA CAPITAL acts as intermediation services provider pursuant to article 17 of the LSSI. Under said legislation, DIANA CAPITAL will not be liable for the services and content provided through the Linked Sites, unless it has actual or other knowledge of their unlawfulness and has not deactivated the link with the due diligence.
In no event will the existence of Linked Sites imply the recommendation, promotion, identification or agreement of DIANA CAPITAL as regards the statements, content or services provided through the Linked Sites. Accordingly, DIANA CAPITAL disclaims liability for the content of the Linked Sites, their use conditions and privacy policies, and only User will be responsible for verifying and accepting them every time he accesses and uses them.
If User considers that the Linked Sites contain unlawful, noxious, denigrating, violent or inadequate content, he may report this to DIANA CAPITAL at the following e-mail address: firstname.lastname@example.org . Nevertheless, such notice will never imply the obligation of DIANA CAPITAL to remove the respective link neither will it necessarily imply that DIANA CAPITAL is aware that the content of the Linked Site is unlawful, for the purposes of legislation in force.
2.5 Notice of unlawful or inadequate activities
If User or any other Internet user becomes aware that any kind of information or content of or provided through the Website is unlawful, damages third-party rights, contravenes this Legal Notice or is, in any other manner, noxious or contrary to ethics or customary practice, he may get in touch with DIANA CAPITAL providing:
- the personal data of the sender: name, address, telephone number and e-mail address;
- description of the facts that show the content or information to be unlawful or inadequate and the specific address if available;
- if third-party rights, such as intellectual or industrial property rights, are violated, the data of the holder of the infringed right must be made available when such person other than the sender. Sender must also provide the instrument evidencing the holder of the violated rights and, if appropriate, his capacity to represent the holder when the holder is a person other than the sender;
Receipt by DIANA CAPITAL of the notice contemplated in this clause will not imply, pursuant to the LSSI, its actual knowledge of the activities and/or content stated by the sender, unless this is obvious or evident. In any case, DIANA CAPITAL reserves the right to suspend or withdraw any content that, although not unlawful, contravenes this Legal Notice, taking into consideration the legal good in dispute from time to time.
2.6 Liability of DIANA CAPITAL
User must know that notices through open networks are exposed to a number of threats that make them unsafe. It is the responsibility of User to adopt all adequate technical measures to control reasonably such threats and, among them, to have updated systems for the detection of malicious software such as viruses, Trojan horses, etc., and to have the security patches of the respective browsers updated. For further information User may appeal to his Internet Access Services Provider who may provide him with solutions adequate to his needs. DIANA CAPITAL disclaims any liability for loss and damage caused to User due to risks inherent in the means used and those caused by vulnerabilities of his systems and tools. Neither does DIANA CAPITAL warrant the absolute security of its systems nor, although it has adopted adequate security measures, may the existence of vulnerabilities be fully rejected so that User must act carefully when interacting with the Website. DIANA CAPITAL will only be liable for damage caused by using the Website when such damage is caused directly by DIANA CAPITAL in willful misconduct or gross negligence and no negligence existed on the part of User.
Particularly, DIANA CAPITAL will not be liable for:
- loss and damage of any kind caused to the computer equipment of the User by viruses, worms, Trojan horses or any other malware;
- loss and damage of any kind caused to User due to failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Website service during its provision. In this respect, User recognizes that the access to the Website requires services supplied by third parties beyond the control of DIANA CAPITAL (such as, for example, telecommunication network operators, access providers, etc.) for the reliability, quality, continuity and operation of which DIANA CAPITAL is not responsible neither does DIANA CAPITAL warrant the availability of the service;
- third-party data in those cases in which it acts as intermediation services provider within the meaning of the LSSI, other than in those cases in which it has actual knowledge and has not removed the respective information.
2.7 Data protection
Pursuant to article 3 of the LSSI, the information society services that DIANA CAPITAL provides through the Website will be governed by the laws of Spain.
If any of the provisions of this Legal Notice is declared null, it will be removed or replaced. In any event such statement of nullity will not effect the enforceability of the remaining provisions of this Legal Notice.
1. Our details
We inform you that the web page (hereinafter, the “Website”) is operated by DIANA CAPITAL S.G.E.C.R., S.A. (hereinafter, “DIANA CAPITAL”), a company with address at Paseo de la Castellana, 95, Planta 29, Edificio Torre Europa, 28046, Madrid. You may obtain further information on DIANA CAPITAL in section “Diana Capital” of the Website.
2.2 Description of the processing of data obtained through the Website
In compliance with Basic Law 15/1999, of December 13, Spanish Personal Data Protection Law (Ley de Protección de Datos de Carácter Personal, hereinafter, the “LOPD”) and the legislation implementing it, we inform User that the data obtained through any of the data collection forms of the Website will be included in an automated personal data file of which DIANA CAPITAL is the controller.
DIANA CAPITAL will use User’s personal data for the purposes mentioned in the respective statements and/or particular conditions to conduct the various kinds of relationship that may arise with DIANA CAPITAL due to the requests, actions or formalities to which each application form completed and accepted by User refers.
In summary, DIANA CAPITAL may use User’s personal data to carry out a study about the investment opportunity that you propose to us, as well as to perform, maintain, conduct and control the relationship between User and DIANA CAPITAL.
All fields marked with an asterisk (*) in said application forms will have to be completed, so that if any one of them is left blank we may be unable to meet your request.
Also, on “clicking” the “Send” button of the application forms, User declares that the information and data provided in them are accurate and true.
DIANA CAPITAL has implemented the technical and organizational measures necessary to ensure the security of your data and avoid their unauthorized alteration, loss, processing or access, taking into account the state of the art, the nature of the stored data and the risks to which they are exposed, all the above in compliance with Part VIII of Royal Decree 1720/2007, of December 21, implementing the LOPD.
2.5 Exercise of rights of access, rectification, cancellation and objection
We also inform you that you may revoke your consent given to the processing of your data, whenever this is legally appropriate, by sending a notice to DIANA CAPITAL on the aforementioned terms.
Cookies are small data files that are generated in the user’s computer. To know more about cookies, please visit this link: http://www.allaboutcookies.org/.
The user has the option to prevent the creation of cookies by marking the corresponding option in the configuration section of its own Web browser. In this case the navigation experience may be affected.
- Chrome, http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
- Explorer, http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-11
- Firefox, http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
- Safari, http://support.apple.com/kb/PH19255?viewlocale=es_ES&locale=en_US