1. Collection of personal information by FLUMOTION:
In accordance with the terms of Organic Law 15/1999 of 13 December on Protection of Personal Information, all such information the User provides through the Website will be collected and processed in files owned by FLUMOTION SERVICES, S.A. (hereafter, “FLUMOTION”) to provide the services requested by the User, reply to requests and keep the User informed of FLUMOTION’s products and services, including by way of electronic means. If you do not wish to receive such information, you may so indicate by checking the boxes provided for that purpose, or by sending us an e-mail at email@example.com Completion of all information marked as mandatory on this Website is necessary in order to ensure optimum provision of the services offered to the User. If this data is not provided, FLUMOTION does not guarantee that the information and services requested can be offered, correctly supplied or meets the needs of the User.
2. Submission of data for staff selection:
Résumés submitted by the User to FLUMOTION will be used for the sole purpose of responding to applications for employment related to jobs advertised. By providing your personal information you warrant that it is your personal information, it is accurate and it is true. The User also warrants that all personal information contained in the résumé is basic level data, per the classification contemplated in the regulations in force governing protection of personal information. If this is not the case, FLUMOTION should be contacted immediately for the purpose of implementing the appropriate security measures.
3. Prohibition on registration by minors:
Persons under the age of 14 must obtain prior consent from their parents or guardians before providing their personal information to FLUMOTION. If you are a minor, please ask your parents or guardians to contact us first.
4. Exercise of rights:
The User may exercise the right to access, correct, cancel or complain by sending an e-mail to firstname.lastname@example.org or by writing to FLUMOTION, Avenida Diagonal 579-587 7º 08021 – Barcelona. In both cases, a copy of your National Identity Document, passport or other valid identity document must be included.
5. Communication of information by the User:
a. That you have read these terms and understand them
b. That you assume all the obligations contained herein.
Any person using the Website is deemed to be a User of the Website (hereafter “User”) and is deemed to have accepted all of these terms and conditions. The User should read these General Terms carefully each time the Website is accessed as the Website itself and the General Terms may undergo changes.
The owner of the Website reserves the right to modify or update the content and services of the Website, the General Terms and in general any aspect of the Website’s design and configuration at any time without prior notice.
1. General Information regarding the Website
The following general information regarding the Website is provided in compliance with the terms of Article 10 of Law 34/2002 of July 11th governing Information Society and Electronic Commerce Services:
Owner: FLUMOTION SERVICES, S.A. (hereafter, “FLUMOTION”).
Business address: Avenida Diagonal 579 7º 08014 – Barcelona
Tax ID Number: A64249162
Business License: Barcelona Business Registry; Book: 38714;
File: 8; Page: B 332738; Record: 1; Date: July 14th 2006.
2.1 Access to the Website
Access to the Website is free, with the exception of the cost of the Internet connection supplied by the Internet provider contracted by the User.
2.2 Registration Requirement
In general, registration as a User is not required in order to access the services and content of the Website. However, the use of certain services and content may require prior User Registration.
The data provided by the User must at all times be accurate, up-to-date and correct. Registered Users will be responsible at all times for safekeeping their passwords, assuming all liability for any damages or injuries that may result from unauthorized use transfer, disclosure or loss. For these purposes, access to areas and/or the use of services and content carried out using the password of a registered User shall be deemed to have been carried out by the User, who shall be liable in all cases for such access and use.
The User agrees to use the Website and all its content and services in accordance with law, morality and public order, as well as the General Terms. The User is likewise obligated to make appropriate use of the services and/or content of the Website and not use them for illicit or unlawful activities or those which infringe upon the rights of third parties and/or violate intellectual and industrial property regulations or any other legal standards.
The User shall not transmit, post, distribute or make available to third parties any kind of material or information (data, content, messages, illustrations, sound and image files, photographs, software, etc) which is unlawful, immoral or in breach of public order or the General Terms. By way of example, and without limitation or exclusion, the User agrees:
- Not to post or distribute content or propaganda that is racist, xenophobic, pornographic, in support of terrorism or which goes against human rights.
- Not to post or distribute on the site data programs (viruses and harmful software) liable to provoke damage in the IT systems of the access provider, its providers or third-party users of the Internet.
- Not to distribute, transmit or make available to third-party users any type of information, element or content that goes against fundamental human rights and public liberties recognized in the constitution and international treaties.
- Not to distribute, transmit or make available to third parties any type of information, element or content that could constitute illicit or false advertising.
- Not to transmit unsolicited or unauthorized advertising, promotional material, “junk mail”, chain letters, pyramid schemes or any other type of solicitation, except in those areas (such as advertising spaces) designed especially for this purpose.
- Not to post or disseminate any information or content that is false, ambiguous or inaccurate or that misleads the recipients of such information.
- Not to impersonate other users by using their registered passwords to the various services and/or contents of the Website.
- Not to distribute, transmit or make available to third parties any type of information, element or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks or copyright corresponding to the owners of the Website or third parties.
- Not to distribute, transmit or make available to third parties any type of information, element or content that constitutes a violation of communications privacy and legislation governing protection of personal information.
2.4 Exclusion of liability
FLUMOTION assumes no liability for changes made to the Website in order to keep the information up-to-date, nor does it warrant that the information provided is correct or complete. Accordingly, the User should check that the information provided is correct and complete prior to making any decision related to any service or content described on the Website.
Access by the User to the Website does not impose any obligation on FLUMOTION to ensure the absence of viruses, worms or any other harmful software. It is the User’s responsibility in all cases to have the appropriate tools for the detection and removal of harmful computer software.
FLUMOTION is not liable for damage suffered to the computer software and hardware of the User or third parties while using the services offered on the Website.
FLUMOTION is not liable for damage or injury of any kind suffered by the User caused by Internet failures or disconnections, which lead to the suspension, cancellation or interruption of the Website services during or prior to its provision.
2.5. Linked content and services on the Website
The service of access to the Website includes technical link devices, directories and search tools, which enable the User to access other websites and portals (hereafter, “Linked Sites”). FLUMOTION will only be liable for content and services supplied in Linked Sites to the extent that it has prior actual knowledge of their unlawful nature and it has not acted with due diligence to remove the link. Where the User considers that a Linked Site has illicit or inappropriate content, the User may give notice to FLUMOTION, although such notice does not obligate FLUMOTION to remove the corresponding link.
In no case does the existence of Linked Sites presuppose the formalization of agreements with their administrators or owners, nor the recommendation, promotion or identification by FLUMOTION with the representations made or the content or services provided.
FLUMOTION is unaware of the content and services of the Linked Sites and accordingly is not liable for any damage suffered as a consequence of content and/or services of Linked Sites that is unlawful, of poor quality, out of date, unavailable, incorrect or inadequate, or any other damage suffered that is not directly attributable to FLUMOTION.
2.6. Intellectual and industrial property
All the content of the Website, including without limitation texts, photographs, graphics, images, icons, technology, software, links and other audiovisual and sound content, along with graphic design and source codes, are the intellectual property of FLUMOTION or third parties, and the User is not to be considered to have been granted any rights of use recognized by legislation in force governing intellectual property.
All brands, logos and distinctive marks are the property of FLUMOTION or third parties and the Website shall not be deemed to grant any right with respect to them.
3. Invalidity and unenforceability of clauses
If any clause included in the General Terms is declared to be totally or partially invalid or unenforceable, it shall solely affect that provision, or the part of the same which is deemed to be invalid or unenforceable, and the General Terms shall in all other respects be deemed to be applicable, with the exception of the provision wholly or partly excluded.
4. Applicable law and jurisdiction
These General Terms will be governed by and interpreted in accordance with the laws of Spain. FLUMOTION and the User agree that any dispute arising in relation to access and/or use of the Website will be submitted to the Courts and Tribunals of Barcelona, Spain, and the parties expressly waive their right to any other jurisdiction which may correspond to them, in the absence of any indication to the contrary established by law.