Legal notice
General information
This Legal Notice has been prepared with respect and in compliance with the provisions contained in the General Data Protection Regulation EU 2016/679, the Organic Law on Data Protection and Guarantee of Digital Rights 3/2018, of December 5, and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
This Legal Notice regulates the use and utilization of the Portal, which is accessed through the Internet address www.dianacapital.com (hereinafter, the “Web Site” or the “Portal”), which is operated by DIANA CAPITAL S.G.E.I.C., S.A. (hereinafter, “DIANA CAPITAL”), with registered office at Paseo de la Castellana, 95, Planta 29, Edificio Torre Europa, 28046, Madrid, and C.I.F. number A-82.527.367, registered in the Mercantile Registry of Madrid, Volume 29.351, Folio 100, page M-248062.
More information about the company can be obtained through the “Diana Capital” section of the Portal or by sending an e-mail to the following address: [email protected].
The aforementioned website has been designed to provide information, activities and services offered by DIANA CAPITAL.
The access and use of the Website confers the condition of User of the same (hereinafter, the “User”) and implies that the User accepts in its entirety and is obliged to fully comply with the terms and conditions contained in this Legal Notice, as well as in the Privacy Policy of the Portal. The User must read this Legal Notice carefully each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may undergo modifications.
Access to the Web Site is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The use of certain services offered by DIANA CAPITAL to the User through the Portal, among others, the services of access to information contained in a private area exclusively for registered Users, may be subject to specific conditions or instructions that must be accepted by the User and that, as indicated in each specific case, replace, complete and/or modify this Legal Notice. Therefore, prior to the use of such services, the User must also carefully read the corresponding Particular Conditions.
The duration of this agreement is limited to the use of the Portal, consequently, the contract will end at the moment in which the User disconnects from the Portal.
2. Terms of use of the Portal
The User must make proper use of the Portal in accordance with the Law and this Legal Notice, being liable for any damages that may be caused as a result of a breach of this obligation.
The User undertakes not to use the Website for fraudulent purposes, as well as not to engage in any conduct that may damage the image, interests and rights of DIANA CAPITAL or third parties. Likewise, the User undertakes not to carry out any act aimed at damaging, rendering useless or overloading the Website, or preventing, in any way, the normal use and operation thereof.
The User is informed that in the event that he/she fails to comply with the contents of this Legal Notice, the Privacy Policy or any other particular terms or conditions included in the Portal, DIANA CAPITAL reserves the right to limit, suspend or terminate his/her access to the Website, adopting any technical measure necessary for such purpose. Likewise, DIANA CAPITAL reserves the right to exercise such measures in the event that it reasonably suspects that the User is violating any of the terms and conditions set forth in the aforementioned instruments.
Finally, we inform the User that DIANA CAPITAL reserves the right, at any time, to decide on the continuity of the information society services provided through the Portal.
3. Intellectual and Industrial Property
DIANA CAPITAL reserves all rights over trademarks, trade names or other distinctive signs, patents, and intellectual property, with respect to the content and design of this Portal.
In particular, the contents that appear or may appear in the Portal (texts, photographs, graphics, images, icons, software, links, graphic design, source code, etc.) are owned by DIANA CAPITAL or by third parties who have expressly authorized DIANA CAPITAL to include them in the Portal. Under no circumstances shall it be understood that DIANA CAPITAL grants the User any license or that it waives, transmits or totally or partially assigns its rights over such contents, or that it confers any right of transformation, exploitation, reproduction, distribution or public communication over the contents.
Likewise, the trademarks, trade names and other distinctive signs displayed on this Portal are the property of their respective owners. To this effect, by means of this Legal Notice, except in those cases in which it is legally permitted or with prior written authorization from DIANA CAPITAL, the reproduction, transformation, distribution, public communication, making available, of any trademark, trade name or any other distinctive sign appearing in this Portal is expressly prohibited to the User, without the prior written consent of DIANA CAPITAL or of their respective owners.
4. Links Policy
4.1. Establishment of links to the Portal
The establishment of links to the Website is prohibited, unless previously authorized by DIANA CAPITAL. In any case, once the link has been authorized by DIANA CAPITAL, it must be established under the following terms:
- The link will only link to the home page of the Portal, but may not reproduce it in any way, and, in the event that the contents of the Portal are displayed with external contents, such external contents may not mislead, confuse or deceive Users as to the origin of the contents of the Portal, nor imply an act of unfair comparison or imitation or an exploitation of the reputation of DIANA CAPITAL.
- The page that introduces the link (hereinafter, the “Linking Site”) shall not make any false or inaccurate statement about the Portal and/or DIANA CAPITAL, its partners, employees or clients.
- Under no circumstances does the authorization granted by DIANA CAPITAL mean that: (i) it sponsors, collaborates, verifies or supervises the content and/or services provided through the Linking Site; nor (ii) that it is responsible for the content of the Linking Site.
- The Linking Site shall comply with the law and shall not provide or link to contents that are unlawful or contrary to morals and good customs; that induce or may induce in the User the false conception that DIANA CAPITAL subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; and are inappropriate or not pertinent in relation to the activity of DIANA CAPITAL.
In the event of non-compliance with any of the above terms, DIANA CAPITAL will immediately and without prior notice, remove the link.
4.2. Linked Sites
In order to help you find additional information, the Portal itself includes technical linking devices that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, DIANA CAPITAL acts as a provider of intermediation services, pursuant to the provisions of article 17 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, and therefore shall only be liable for the contents and services provided in the Linked Sites in the event that having had effective knowledge, in the manner provided by the Law on Information Society Services, of the unlawfulness of the link, it has not deactivated the link.
Under no circumstances does the existence of Linked Sites imply recommendation, promotion, identification or conformity of DIANA CAPITAL with the statements, contents or services provided through the Linked Sites. Consequently, DIANA CAPITAL shall not be liable for any damage caused by the unlawfulness, quality, unavailability, error or uselessness of the contents of such sites, since it is unaware of them.
In the event that the User becomes aware that the Linked Sites refer to pages whose contents or services are unlawful or contrary to morality, he/she must inform DIANA CAPITAL at the following e-mail address: [email protected] . However, such communication shall in no case entail the obligation of DIANA CAPITAL to remove the corresponding link, nor does it necessarily imply the effective knowledge of DIANA CAPITAL of the unlawfulness of the contents of the Linked Site, for the purposes of the provisions of the regulations in force.
5. Communication of activities of an illegal and inappropriate nature.
In the event that the User or any other Internet User becomes aware that any kind of information or content of the Portal or provided through the same is unlawful, harmful to the rights of third parties, contrary to the provisions of this Legal Notice or, in any other way, harmful or contrary to morality, uses and customs, he/she may contact DIANA CAPITAL indicating the following points:
- Personal data of the caller: name, address, telephone number and e-mail address;
- Specification of the alleged unlawful activity carried out on the Portal;
- Facts or circumstances that reveal the illicit nature of such activity;
- In the event of infringement of third party rights, such as intellectual and industrial property, the data of the holder of the infringed right must be provided when it is a person other than the communicating party. Likewise, the title accrediting the ownership of the infringed rights must be provided and, if applicable, the representation to act on behalf of the owner when it is a person other than the communicating party;
The receipt by DIANA CAPITAL of the communication provided for in this clause shall not imply, in accordance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the effective knowledge of the activities and/or contents indicated by the communicating party, when this is not obvious or evident. In any case, DIANA CAPITAL reserves the right to suspend or remove the contents that, although not being unlawful, are contrary to the rules set forth in this Legal Notice, weighing in each case the legal assets in conflict.
6. Responsibility
DIANA CAPITAL shall not be liable for damages caused to the User as a consequence of risks inherent to the means used, nor for those caused by vulnerabilities in its systems and tools.
DIANA CAPITAL does not guarantee the total security of its systems and although it has adopted adequate security measures, the existence of vulnerabilities cannot be totally ruled out and, consequently, the User must be cautious when interacting with the Portal. DIANA CAPITAL will only be liable for damages caused by the use of the Portal, when such damages are directly caused by intent or gross negligence of DIANA CAPITAL and there was no negligence on the part of the User.
The User must be aware that communications through open networks are exposed to a number of threats that make them unsafe. Access to the Portal does not imply any obligation on the part of DIANA CAPITAL to control the absence of viruses or any other harmful computer element, and User shall be responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs as well as for keeping the security patches of the corresponding browsers updated, and therefore DIANA CAPITAL shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
DIANA CAPITAL shall not be liable for any damages or losses caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during the provision of the same or prior or subsequent to the same. In this regard, User acknowledges that access to the Portal requires services provided by third parties beyond the control of DIANA CAPITAL (for example: telecommunications network operators, access providers, etc.) whose reliability, quality, continuity and operation is not the responsibility of DIANA CAPITAL, nor is it part of its responsibility to guarantee the availability of the service.
7. Data Protection
The aspects related to the treatment of the personal data of the Users due to the use of the Portal are regulated in the Privacy Policy, as well as in the legal texts attached to the different data collection forms included in the Portal.
8. Legislation
In accordance with Article 3 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, this Legal Notice is governed in each and every one of its aspects by Spanish law and any dispute arising from it shall be resolved by the Courts and Tribunals of Madrid Capital.
In the event that any of the provisions contained in this Legal Notice is declared null and void, it will be withdrawn or replaced. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions contained in this Legal Notice.