Thank you for visiting this website.

Please read carefully the Terms and Conditions set out in this document, as use of this website constitutes full and express acceptance of them, in the version published at the time you access each of the webpages located under the domain esfericainversiones.com.es and its respective subdomains and subdirectories. We recommend that you review this document each time you access the website in order to check whether any changes have been made to the terms of use, and that you leave the website if you do not agree with such changes. If we consider any amendments to be material, we will update the “Last Modified” date at the top of this page.

Any person accessing this website assumes the status of User and undertakes to observe and strictly comply with the provisions set out herein, as well as with any other applicable legal provisions.

ESFÉRICA INVERSIONES SICC, SA reserves the right to amend any information that may appear on the website, without any obligation to give prior notice or to inform Users of such amendments, publication on the website being deemed sufficient for these purposes.

1. IDENTIFICATION

In compliance with the duty to provide information set out in Article 10 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, and with applicable data protection legislation, in particular Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), which supplements and implements Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), we provide below our identification and contact details:

Website owner: ESFÉRICA INVERSIONES SICC, SA (hereinafter, the “COMPANY”)
Trade name: ESFÉRICA INVERSIONES
Tax Identification Number: A-70584651

2. COMMUNICATION

To contact us regarding any matter relating to the content of this Legal Notice, the following contact channels are available:

Email: info@atalaya-invest.es
Registered Office: Calle Compostela 8, 3º centro C, CP 15004, A Coruña, Spain
Website: www.esfericainversiones.com

All notices and communications made through any of the channels detailed above shall be deemed effective for all purposes. By accessing, viewing or using the materials or services available on or through this website, or any content accessible from other websites or software applications, the User acknowledges that they understand and accept this document as the legal equivalent of a signed and binding written document.

3. BROWSING

Our website has reasonable technical resources in place to provide secure browsing and to protect the information collected. However, you should be aware that, although we apply and implement measures to protect your information, no website, Internet transmission, computer system or wireless connection is absolutely secure.

The COMPANY shall not be liable in the event of service interruption, malfunction or any inconvenience arising from causes beyond its control. Likewise, we exclude any liability for damages arising from the presence of viruses or any type of incident originating from, or introduced into, the computer system by hackers or third parties who maliciously breach the integrity of our website.

Links to other websites: For your convenience, this website contains links to other websites, which may have different privacy policies.

In such cases, the COMPANY acts as an intermediary service provider in accordance with Article 17 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (“LSSI”) and shall only be liable for the content and services provided on linked websites to the extent that it has actual knowledge of their unlawfulness and has not disabled the link with due diligence.

Should the User consider that a linked website contains unlawful or inappropriate content, they may notify the COMPANY, although such notification shall not, under any circumstances, entail an obligation to remove the relevant link.

Under no circumstances shall the existence of linked websites imply the existence of agreements with their owners or operators, nor any recommendation, promotion or identification by the COMPANY with the statements, content or services provided therein.

The COMPANY is not aware of the content and services of linked websites and therefore accepts no liability for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services of linked websites, nor for any other damage that is not directly attributable to the COMPANY. We also recommend reviewing their respective legal terms and conditions.

The COMPANY accepts no liability for the content of, or any other aspect relating to, websites owned or operated by third parties.

We further inform you that we cannot exercise any control over their maintenance or content and, therefore, cannot guarantee that the hyperlinks, pointers or other linking functions provided on those sites are accurate at the time of access or free from viruses or other harmful elements that could cause damage or alterations to your computer equipment.

However, in compliance with Articles 11 and 16 of the LSSICE, the relevant means are made available to all Users, authorities and law enforcement bodies, with active cooperation in the removal or, where applicable, blocking of any content that may affect or contravene national or international legislation, third-party rights, or public morals and public order.

If the User considers that any content on the website may fall within this classification, they are requested to notify the website administrator immediately.

This website has been reviewed and tested to ensure its proper operation. In principle, proper operation can be guaranteed 365 days a year, 24 hours a day. However, the COMPANY does not rule out the possibility of certain programming errors, or the occurrence of force majeure events, natural disasters, strikes or similar circumstances that may make access to the website impossible.

User obligations: The User undertakes to use the website properly, in accordance with the law and this Legal Notice. The User shall be liable to the COMPANY or to third parties for any damages that may arise as a result of any breach of this obligation.

Use of the website for purposes that are harmful to the assets or interests of the COMPANY or of third parties, or that in any way overload, damage or render unusable the networks, servers and other computer equipment (hardware), or computer products and applications (software), of the COMPANY or of third parties, is expressly prohibited.

IP ADDRESSES

The website servers may automatically detect the IP address and domain name used by the User. An IP address is a number automatically assigned to a computer when it connects to the Internet.

All this information is recorded in a duly registered server activity file, enabling subsequent processing of the data for purely statistical measurement purposes, including the number of page impressions, the number of visits made to web servers, the order of visits, the access point and other similar information.

4. DATA COLLECTION FORMS

Without prejudice to the provisions of our Privacy Policy, accessible from our website, the use of certain services or requests addressed to the COMPANY is conditional upon the prior completion of the corresponding User registration form.

All information provided by the User through the forms on our website for the aforementioned purposes, or for any other purposes, must be truthful. To this end, the User guarantees the authenticity of all data communicated and shall keep the information provided to the COMPANY fully up to date so that it reflects, at all times, the User’s actual circumstances.

In any event, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the COMPANY or to third parties as a result of the information provided.

5. INTELLECTUAL PROPERTY

The entirety of this website, including product descriptions, text, images, trademarks, logos, buttons, files, colours and the structure, selection, arrangement and presentation of its contents, is owned by the COMPANY or by third parties that have licensed or authorised us to use them.
All logos, trademarks and designs appearing on this website form part of the intellectual property rights registered by us, and any form of exploitation, including reproduction, distribution, public communication and transformation, without express authorisation is prohibited.

The User undertakes to use the contents diligently, correctly and lawfully and, in particular, undertakes to refrain from deleting or manipulating the copyright notices and other identifying data relating to the rights of the COMPANY or of their respective owners incorporated into the contents, as well as any technical protection devices or information mechanisms that may be included in the contents.

Likewise, the User shall refrain from using the contents and, in particular, any information of any kind obtained through the website to send advertising, communications for commercial purposes or unsolicited messages addressed to multiple recipients, regardless of their purpose, and from marketing or disclosing such information in any way.

Furthermore, the COMPANY may establish, if it deems appropriate and without prejudice to the sole and exclusive liability of Users, the necessary filters to prevent content or opinions considered racist, xenophobic, discriminatory, pornographic, defamatory or that in any way promote violence or the dissemination of clearly unlawful or harmful content from being posted online through its websites.

The COMPANY recognises the corresponding intellectual and industrial property rights in favour of their owners. Mere mention or appearance on the website does not imply the existence of any rights or liability over them, nor any endorsement, sponsorship or recommendation by the COMPANY.

Any comments regarding possible breaches of intellectual or industrial property rights, or regarding any of the website’s content, may be submitted by email to info@atalaya-invest.es.

6. COMMERCIAL COMMUNICATIONS

Provided that we have your express consent, which will be obtained through a dedicated checkbox included in our forms, we may use your personal data to contact you in the future for commercial communications that may be of interest to you, always in relation to the products and/or services offered by the company.

In any event, you will always have the option to “unsubscribe” from these electronic communications at the bottom of such messages or to notify us by sending an email to the following address: info@atalaya-invest.es. However, you may continue to receive notices and emails whenever they are necessary and essential for maintaining our contractual transactions.

In accordance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (“LSSI”), the COMPANY does not send advertising or promotional communications by email or any other equivalent electronic communication medium unless they have been previously requested or expressly authorised by the recipients thereof.

Please note that, even if you decide not to subscribe to or to unsubscribe from promotional or commercial electronic communications, the COMPANY may still need to contact you as a User with important information about transactions relating to your account and purchases of products, activity bookings or the contracting of other services.

7. COOKIES

Our policy regarding the use of cookies is set out in the Cookie Policy.

8. PERSONAL DATA PROTECTION

Our policy regarding the processing of your personal data is set out in the Privacy Policy.

9. DISCLAIMER OF LIABILITY

Information: Access to the website does not imply any obligation on the part of the COMPANY to verify the truthfulness, accuracy, adequacy, suitability, completeness or currency of the information provided through it.

The contents of this page are of a general nature and do not constitute, under any circumstances, the provision of any legal or tax advisory service. Accordingly, such information is insufficient for the User to make personal or business decisions.

The COMPANY shall not be liable for decisions made on the basis of the information provided on the website, nor for any damages caused to the User or third parties as a result of actions based solely on information obtained from the website.

Service quality: Access to the website does not imply any obligation on the part of the COMPANY to monitor the absence of viruses, worms or any other harmful computer element. In all cases, the User is responsible for having appropriate tools available for the detection and disinfection of harmful computer programs. The COMPANY shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the website service.

Service availability: Access to the website requires services and supplies provided by third parties, including transmission through telecommunications networks, the reliability, quality, continuity and operation of which are not the responsibility of the COMPANY. Consequently, the services provided through the website may be suspended, cancelled or become inaccessible before or during the provision of the website service.

The COMPANY shall not be liable for damages of any kind caused to the User arising from failures or disconnections in telecommunications networks resulting in the suspension, cancellation or interruption of the website service, either during its provision or beforehand.

10. GOVERNING LAW AND JURISDICTION

These general terms and conditions shall be governed by the provisions set out herein and, failing that, by the laws of Spain. For any dispute that may arise in relation to the interpretation or enforcement of these terms and conditions, the User and the COMPANY expressly agree to submit to the Courts and Tribunals that may have jurisdiction in accordance with applicable law.