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Legal Notice

This is a translation for information purposes. In case of discrepancy, the Spanish version prevails.

Terms and conditions

This section includes information on the general conditions of access to and use of the website www.datagentis.ai, which the user must be aware of, for the purposes of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.

1.Details of the owner of the website www.datagentis.ai

The company that owns this website is “ELTERNATIVA OPEN CONSULTING, S.L.” (hereinafter, EOC), with registered office at Av. Diagonal 441, 1º 08036 Barcelona and tax ID (C.I.F.) no. B65244337, registered on 11 February 2010 in the Commercial Register of Barcelona, volume 41695, folio 211, sheet no. B-393808, entry 1 and protocol no. 59.

Contact email: administracion@elternativa.com

The information contained on www.datagentis.ai is an information service about the various services offered by EOC in the provision of advisory and consulting services, the development of activities and the provision of services in the field of information technology.

2.Conditions of access to www.datagentis.ai

I.- You are accessing a website owned by Elternativa. This website may be visited by any user freely and free of charge, at their own responsibility. “User” means any natural or legal person who accesses or has accessed this website and is therefore subject to these General Conditions and to the content of the Legal Notices, Disclaimers, Legal Texts and the Privacy and Personal Data Protection Policies, where applicable (hereinafter, referred to jointly as the Legal Notices).

II.- If the user does not agree with the content of these general browsing conditions, they must leave the website and may not access it or make use of the services it offers. The user guarantees that they are over 14 years of age, and the truthfulness and authenticity of the information provided, and undertakes to keep it up to date. Connections to other websites that there may be, and the use that the user may make of this website and its content and/or services, are subject to compliance with these General Conditions and the content of the Legal Notices, as well as with the Law, morality, public order and good practice. Any use other than that authorised is expressly prohibited.

Likewise, by way of example only and in no case limiting or excluding, the user undertakes not to introduce, transmit or disseminate:

  • Content of a racist, xenophobic or pornographic nature, content that glorifies terrorism or infringes human rights, or that promotes criminal, denigrating, defamatory or violent acts or, in general, acts contrary to the law, morality, good practice and public order.
  • Information or content that infringes the fundamental rights and public freedoms recognised both constitutionally and in international treaties.
  • Information or content that infringes intellectual and industrial property rights (including, but not limited to, patents, trademarks and copyright) of Elternativa or of third parties.
  • Unauthorised or unsolicited advertising, spam, chain emails, pyramid schemes, etc.
  • Data programs (viruses and malware —malicious software—) that are liable to cause damage to the computer systems of the access provider, its suppliers or other internet users.

III.- In general, access to this website and its content does not require registration or subscription, with the exception of access to information on internal websites or intranets, for which Elternativa grants a username and password.

IV.- The advertisements, publications about our products, promotions and offers contained on this website are aimed at any user who may require these services.

V.- The user will only receive communications from Elternativa (advertisements, publications about our products, promotions and offers contained on this website) if they have voluntarily submitted their information and data through any of the forms on this website or on active or previously active landing pages, have previously taken part in our marketing or commercial campaigns, are a current or former customer, or have provided their data through actions on LinkedIn or other similar platforms.

The user can unsubscribe from these communications at any time from any of our commercial or marketing emails, where the footer of the email has a direct link for this purpose, or by sending an email to protecciondatos@elternativa.com.

VI.- Elternativa may modify, at any time it sees fit and without prior notice, the configuration of this website, the terms of service and its content, as well as remove, limit or suspend them temporarily or permanently, or prevent access to it, endeavouring to inform the user of such change, whenever circumstances permit, by means of a publication on the website.

VII.- The user undertakes to refrain from using this website and its services for unlawful purposes or with unlawful effects, contrary to the provisions of these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or impair the website and the services or prevent other users from normally using or enjoying this website and its services.

IX.- The inclusion of the content of this website on other Internet portals, or in other media or formats, is not permitted without the prior explicit consent of Elternativa. Nor is the reproduction, distribution, public communication or transformation of such content of this website permitted, whether free of charge or for payment, and in any form or format.

3.Exclusion of liability

Elternativa cannot control how users use the website www.datagentis.ai and its content, and for this reason it is not liable for damages of any nature that may arise from unlawful, incorrect, inappropriate or partial use and/or from the user's failure to comply with these conditions of access and use, or with any other condition that may be found on this website with respect to any of its services, without prejudice, in any case, to the legal actions that Elternativa is entitled to take.

Elternativa will do everything possible to maintain the continued availability of this website and its content, but it does not guarantee permanent availability or continuity in the operation of the website, nor of the information, content, software, materials or products it includes.

Accordingly, any liability is excluded for damages of any kind that may arise from the lack of availability or continuity in the operation of the website, of its services and of the use that users may make of it.

Likewise, Elternativa is not responsible for any errors or security deficiencies that may arise from the user's use of an outdated or insecure browser version, or from the activation of the devices that store the registered user's passwords or identification codes in the browser, or for any damage, errors or inaccuracies that may arise from misuse or malfunction.

The user accepts that the website has been created and developed in good faith by Elternativa, with information from internal and external sources, and is offered to users in its current state, even though it may include inaccuracies or errors. For this reason, the user releases Elternativa from any liability in relation to the reliability, usefulness or false expectation that the website may cause the user while browsing.

Should the user cause any kind of damage or harm to third parties, that user is solely responsible for it. Likewise, the user will bear the expenses, costs and, where appropriate, the compensation that may arise from legal proceedings brought as a result of non-compliance with the provisions of these conditions and the applicable regulations.

3.1. Exclusion of liability for comments on different channels

Elternativa offers users the possibility of posting comments on different channels that it owns, such as its social networks (Twitter, LinkedIn, Facebook, Instagram, YouTube… The publication of comments is subject to these Terms of Use. If the User does not agree with them, they must not use these services.

The user identified in each case as the origin of the comments is the sole and exclusive person responsible for them, and for ensuring that their inclusion on the Website complies with the laws that may apply in each case. These comments do not reflect the opinion of the company, and Elternativa makes no statements and is not responsible for any error, inaccuracy or irregularity that these comments may contain. Likewise, Elternativa is not liable, except where obliged by Law, for any damages that may be caused by the insertion of comments on the website, social networks, blog or other channels of the company.

The user agrees and is aware that advertisements, chain emails or any other content that is not an opinion or a discussion of articles or news are not accepted. The user declares their agreement with these Terms of Use, undertaking not to use the services to send messages that defame or insult, or that contain false, inappropriate, abusive, harmful, pornographic or threatening information, damaging the public image and/or private life of third parties, or that for any reason infringe any law.

In particular, and by way of indication only and not exhaustively, the user undertakes not to collect data for advertising purposes, not to send any type of online advertising and not to transmit, disseminate or make available to third parties, through the services provided by Elternativa, information, messages, graphics, sound and/or image files, photographs, recordings, software and, in general, any kind of material, data or content that:

  • in any way contravene, disparage or infringe the fundamental rights and public freedoms recognised constitutionally or in international treaties and in the rest of the legal system;
  • induce, incite or promote criminal, denigrating, defamatory or violent acts;
  • induce, incite or promote discriminatory acts, attitudes or ideas on grounds of sex, race, religion, beliefs or age;
  • incorporate criminal, violent or degrading messages;
  • induce or incite involvement in dangerous or risky practices or practices harmful to health and mental balance;
  • are false, ambiguous, inaccurate, exaggerated or untimely, so that they may mislead as to their subject matter or the intentions or purposes of the person communicating;
  • are contrary to the right to honour, to personal and family privacy or to the image of individuals;
  • infringe the rules on the secrecy of communications;
  • cause, by their characteristics (such as format, length, etc.), difficulties in the normal operation of the Services;

The user providing the comments grants Elternativa the rights to reproduce, use, distribute and communicate them to the public, and to carry out any type of activity on them, in electronic, digital or paper format, or in any other kind of medium. And, in particular, the user grants those rights for the placement of the comments on the Elternativa website, its social networks, etc., so that the other users of the different sites can access them.

In this regard, the user providing the comments declares that they hold the rights over the users' files or, where applicable, guarantees that they have the necessary rights and authorisations from their author or owner for the company to use and exploit them through the website. If the user does not know whether they hold the rights to make the assignment to Elternativa, they must expressly state so.

Elternativa will not be liable, except in those respects where the Law obliges it, for any damages that may be caused by the use, reproduction, distribution or public communication of comments that are protected by intellectual property rights belonging to third parties, where the user has not previously obtained from their holders the authorisation needed to carry out the use they make or intend to make. In that case, the user accepts that they will be solely responsible for any claim by a third party alleging to hold rights over the users' files.

The user will hold Elternativa harmless against any financial, patrimonial or other claim made by the third party in relation to any unauthorised use of the comments. Elternativa reserves the right to unilaterally remove comments hosted on any of the channels it owns when and as it sees fit.

Elternativa expressly states that it merely provides space to the Users of its social networks and Elternativa channels where comments can be posted, being considered, for the purposes of Law 34/2002 on Information Society Services and Electronic Commerce, an intermediary service provider. Accordingly, Elternativa will not be liable for the information sent by the user where it has no actual knowledge that the information stored is unlawful or that it harms goods or rights of a third party that are liable to compensation. As soon as Elternativa has actual knowledge that it hosts data such as those referred to above, it undertakes to act diligently to remove them or make access to them impossible.

4.Intellectual property policy

The source code, graphic designs, images, photographs, animations, software and texts, as well as the information and content contained on www.datagentis.ai, are protected by Spanish legislation on intellectual and industrial property rights in favour of EOC, and the total or partial reproduction of this Website, as well as its computer processing, public communication, distribution, dissemination, modification, transformation or decompilation, is not permitted without the prior written permission of its owner.

The user may only use the material that appears on this Website for their personal and private use, and its use for commercial purposes or to engage in unlawful activities is prohibited. All rights deriving from intellectual property are expressly reserved by EOC.

Elternativa will ensure compliance with the above conditions and the proper use of the content presented on its portal, taking all the civil and criminal actions that correspond to it in the event of infringement or breach of these rights by the user.

Elternativa cannot assume any liability arising from the incorrect, inappropriate or unlawful use of the information appearing on the Internet pages of www.datagentis.ai.

Nor will it assume any liability arising from the use by third parties of the content of the website, and it may take all the civil or criminal actions that correspond to it in the event of infringement of these rights by the user.

The use of the website or any of its elements for commercial or unlawful purposes is absolutely prohibited.

5.Procedure in the event of unlawful activities

Elternativa ensures that the content of this website is not pornographic, xenophobic, discriminatory, racist or defamatory, and does not encourage violence. It also endeavours to avoid any circumstance that may be harmful to users.

Should any user or third party consider that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or of the carrying out of any activity on the web pages included in or accessible through this website and, in particular, the violation of industrial or intellectual property rights or other rights, they must send a notification to Elternativa, which must contain the following information:

  • Personal details of the person making the claim: name, address, telephone number and email address.
  • Specification of the alleged unlawful activity and a precise and specific indication of the protected content, as well as its location on the web pages.
  • If rights have been violated: personal details of the holder of the rights allegedly infringed or of the person authorised to represent them, and their signature.
  • An express, clear statement, made under the claimant's responsibility, that the information provided in the notification is accurate and that the use of the content or the carrying out of the activities described is unlawful.

6.Legal notice on linking mechanisms and linked sites

The website www.datagentis.ai may contain links to other third-party pages that we believe may be useful to users. However, EOC cannot control them; therefore, it cannot assume responsibility for the content that may appear on third-party pages.

7.Use of this website

This legal notice sets out the general conditions that govern access to and use of this website.

Use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the specific conditions that may apply to some of the particular services of the website.

8.Governing law and jurisdiction

The general conditions of this legal notice and of any other text of a contractual nature on this website are governed by the provisions of Spanish law.

Any dispute arising from access to and use of this website and its content and services, as well as from the interpretation and fulfilment of these general conditions and of any other text of a contractual nature on this website, shall be submitted by the parties, expressly waiving any other jurisdiction that might correspond to them, to the courts and tribunals of the city of Barcelona (Spain).