Information about Euskaltel, S.A.
© EUSKALTEL, S.A
Parque Tecnológico Edificio 809
48160 Derio (Bizkaia)
Registered in Bizkaia Trade Registry, Volume 3271, Folio 212, Page BI-14727, 1st entry.
Tax Number: A-48766695
All rights reserved. Euskaltel provides electronic communication services in accordance with the registration filed with the CMNC (Spanish National Markets and Competition Commission).
General Terms and Conditions of Use
The purpose of these general terms and conditions is to regulate the use that the users may make of the Euskaltel corporate website, which is currently at the URL www.euskaltel.com (hereinafter the Corporate Website), without prejudice to certain services or contents within the Corporate Website being subject to their own terms and conditions.
Access to the Euskaltel web services is by means of a user name identifier and a password provided by the user to enable access to Euskaltel, S.A. online services.
The user name and password are personal and non-transferable. It is your responsibility as the user to guarantee its confidentiality.
You will be liable for all actions performed with your user identifier. In this regard and in order to guarantee the security of your password, Euskaltel, S.A. recommends you should choose a strong password, i.e., a password of at least 8 characters long, consisting of a combination of figures, letters (upper and lower case) and special characters or punctuation signs. You should not use words that are easy to guess and/or are related to you as passwords, such as: date of birth, address, own names, combinations of names with months, telephone numbers, ID No., etc.
You as the user should avoid, under your own responsibility, facilitating your password to a third party. In this regard, Euskaltel, S.A. hereby informs you that it will NEVER ask you for your password to the application by any means of communication: telephone, email, ordinary mail, SMS, MMS, etc. Therefore, if you receive any communication asking you for that information, we would ask you to ignore it and inform Euskaltel, S.A. of that situation by calling 1717 or using the ABUSE form.
Euskaltel hereby informs you that the details of the email address provided will form part of your personal data included in a file owned by Euskaltel. Furthermore, Euskaltel hereby informs you that this information will be used for the purposes arising from your contractual relationship with Euskaltel and, in particular, to send commercial communications electronically.
Furthermore, EUSKALTEL hereby informs you that you are entitled to exercise at any time the rights to access, rectify, challenge and cancel pursuant to the Spanish Personal Data Protection Act 15/1999, of 13 December, and other applicable legislation for that purpose, by writing to EUSKALTEL in that regard, by means of a letter setting out the request and with a photocopy of your ID document, to the following EUSKALTEL address: Apartado de correos, 3, F.D. 48160 Derio (Bizkaia) or by called the Customer Service Hotline on 1717 (or any number that may replace it in the future) or by email to firstname.lastname@example.org.
3. USE OF THE INFORMATION.
The intellectual property of the information, data, content, databases, designs, source codes, navigation structures and other telematic products or services integrated in the Corporate Website or to which Euskaltel allows access, along with that of any derivative products and the instruction manuals are the exclusive property of Euskaltel, of its suppliers or of the respective owners as applicable. You as the user therefore undertake not to breach any right arising from the intellectual or industrial property. The total or partial reproduction of them, their public communication, distribution or any type of exploitation or use of reserve engineering technique or transformation is expressly forbidden, without the express written authorisation of Euskaltel. You as the user hereby undertake to use that information and services exclusively for your own needs and not to directly or indirectly commercially exploit the services to which you have access or the results obtained thanks to the use of the Corporate Website, unless you have the express authorisation of Euskaltel. You hereby undertake not to use the facilities and capacities of the Corporate Website to carry out or suggest activities prohibited by law or to attempt to attract users to other competitor services. Furthermore, you are responsible for ensuring that any person you authorise to use the service complies with these clauses. You as the user likewise hereby undertake to respect the usage restrictions of each of the services and access to other networks (those restrictions shall be notified by Euskaltel or the information provider).
4. CONTRACTING SERVICES THROUGH THE CORPORATE WEBSITE.
To contract services through the Corporate Website, you as the User will have to fill in the whole form accurately with the compulsory information required by Euskaltel. Euskatel will detail the specific conditions established for providing each service prior to the time of your contracting it in order for you as the user to be aware of the conditions of the services or contents that you wish to access. Those conditions must be accepted by you for the effective contracting to occur. In the case of using the tools make available by third parties on the Corporate Website by Euskaltel to enter the contracting details of Euskaltel customers, the individual or legal entity that enters that data has to previously obtain the consent of the interested parties for their data to be entered.
5. FUNCTIONING OF THE CORPORATE WEBSITE.
Euskaltel may make the amendments that it deems necessary to the Corporate Website and may include additional services and contents to the current ones or, where applicable, delete them. Euskaltel may amend the Corporate Website when it deems appropriate and may block access to all or part of its user in order to be able to make any amendments or repairs that it deems necessary at any given time. Under no circumstances may Euskaltel be liable for the malfunctioning of the system if it is due to the faulty configuration of the equipment of the users or to the insufficient capacity of that equipment to support the essential computer systems to be able to make use of the service. Euskaltel hereby undertakes that it shall do its utmost to keep the information and contents that it puts on the Corporate Website up-to-date, even though the user is aware that there may be inaccuracies in the contents and services included in the Corporate Website that, as applicable, Euskaltel will proceed to rectify in a timely manner once it becomes aware of their existence.
6. LIABILITY ARISING FROM THE USER BY THE USER OF INTERNET AND OF THE CORPORATE WEBSITE.
Under no circumstances shall Euskaltel be liable for the use of the Corporate Website by the User. You as the user shall refrain from any conduct in the use of the corporate website or of the resources made available to you that infringes the Euskaltel industrial or intellectual property rights, that violates the honour, family or personal intimacy or the image of third parties, or which is illicit or immoral and shall always hold Euskaltel harmless from any claim, in or out of court, lodged against Euskaltel as the result of that use.
You as the user shall refrain from carrying out by any means any destruction of, alteration to, deactivation of or damage to the data, programs or electronic documents belonging to Euskaltel, its suppliers or to third parties, along with the introduction or dissemination in the Net of programs, viruses, applets, or any electronic or physical instrument that cause or are likely to cause any type of alteration to the Net, to the system or to third party equipment. It is expressly forbidden to delete, amend email messages of other users, send bulk mail messages, for advertising or commercial purposes, as well as to carry out any type of activity or practice that violates generally accepted good conduct principles among Internet users.
7. LIABILITY REGARDING ACCESS OR INTRODUCTION OF CONTENTS THAT CIRCULATE IN INTERNET.
8. INCLUSION OF LINKS.
Euskaltel shall not be liable for the information that you as the user may access through links, directories and content search instruments included in its Corporate Website, unless it has real knowledge that the activity or information to which users are directed is illicit or that it harms goods or rights of a third–party likely to seek compensation or does not act diligently to eliminate or deactivate the relevant link.
Euskaltel will be deemed to have the real knowledge referred to in the above paragraph when a competent authority has declared the data to be illicit, ordered their removal and prevent access to them, or the existence of the damage has been declared, and Euskaltel is aware of the ruling in question, without prejudice to the procedures to detect and remove contents that can be applied by virtue of voluntary agreements between service providers and of other real knowledge means that may be established.
The exemption from liability shall not come into play should the recipient of the service be acting under the direction, authority or control of Euskaltel.
9. DISTINCTIVE SIGNS.
All the distinctive signs, such as brands, trademarks, etc., which appear on the Corporate Website, are protected by current brand legislation. Therefore, the users may not reproduce, communicate, exploit or use them, unless they have the prior written consent of their holder.
10. CONFIDENTIALITY AND DATA PROTECTION.
Euskaltel hereby informs the users of the website that the companies of the Euskaltel Group respect current legislation regarding the protection of personal data, the privacy of the users and the confidentiality and security of personal data, by therefore adopting the necessary organisational and technical measures to avoid the loss, improper use, alteration, unauthorised access and theft of the personal data provided, taken into account the state-of-the-art of the technology, the nature of the data and the risks to which they are exposed.
Specifically, Euskaltel hereby informs the users of the website that their personal data will only be obtained to be processed when appropriate, pertinent and not excessive in relation to the established, explicit and legitimate sphere and finalities for which the data has been obtained and that they shall be deleted when they are no longer necessary or pertinent for that purpose, or which the holder so requests when exercising their right of cancellation.
When personal data is gathered through this website, the users shall be informed beforehand, clearly and unequivocally, of the following points:
· Existence of a personal data processing or file, purpose for collecting it and recipients of the information.
· Registration of the file with the Register of the Data Protection Agency.
· Whether answering the questions raised is mandatory or optional, along with the consequences of obtaining the date or the refusal to provide them.
· Possibility of exercising the rights to access, rectify, cancel and challenge.
· Identity and direction of the data manager. The user shall be solely liable for the forms being complete with non-current, incomplete, inaccurate or false data.
Any assignment to third parties of the personal data of the users of this website shall be duly notified to the parties in question, specifying the identity of the assignees and the purpose for which they are going to process the assigned data.
12. SETTLEMENT OF DISPUTES.
Euskaltel and you as the user hereby agree to submit any dispute that may arise from access to this website to courts and tribunals of the domicile of the user, and express waive any other jurisdiction. Should your domicile be outside Spain, Euskaltel and you as the user hereby agree to submit the dispute to the Courts and Tribunals of the city of Bilbao, and expressly waive any other jurisdiction.