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General Terms and Conditions
×Date of last update: 02 / December / 2020
1. OWNERSHIP.
The purpose of this document is to establish the general conditions of use of the web application
(hereinafter, the Application), owned by Viax Technologies Europe, S.L., with CIF/NIF no.: B87751806 and
address for notification purposes at: C/ Alsasua 14-16, C.P. 28023 - Madrid (Madrid): C/ Alsasua 14-16, C.P. 28023 -
Madrid (Madrid), with said entity registered under the Commercial Registry of MADRID, Volume 35604, Folio 34, Section 8ª,
Page M-639896, 1st inscription (hereinafter, the Owner). The registration and subsequent use of the Application requires
prior acceptance by the user of the general conditions of use. The Owner reserves the right to modify the present conditions
at any time, although such changes will be duly notified to the user.
The download and use of the application, attributes the condition of user (hereinafter, the User) and implies the reading,
understanding and acceptance of all the terms and conditions contained in this document.
However, the User must periodically review the publications relating to the changes made to the conditions of use,
and if he/she continues to use the Application, this implies acceptance and understanding of such changes.
The present Terms of Use affect your legal rights and obligations with respect to your use of the Application.
If you do not agree to the terms contained herein, you must not register, access, or use the Application.
2. MINORS.
In accordance with the current regulations regarding the protection of personal data, and to protect the privacy of minors,
the User must be over fourteen (14) years of age or have authorization from their parents and / or legal guardians,
to register, access and use this Application.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal guardians.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal guardians.
Viax Technologies Europe, S.L.
3. INTELLECTUAL PROPERTY RIGHTS.
The Application is composed of various integrated and inseparable elements (text, illustrations, photographs, animated images,
videos, computer programs, etc.), whose intellectual property rights, under the provisions of current legislation on the
subject, correspond to the Owner, except for those materials obtained under license, authorization, or consent of third
parties.
The Owner and the third-party licensors shall always retain the intellectual property rights over the Application, as
well as over the different elements that compose it, considered individually, in all the copies that are made
(regardless of their functionality or use), granting them only the right of use.
Any right not expressly granted shall be reserved in favor of the Owner and the licensors of individual contents or elements.
The Owner has the intellectual property and exploitation rights over the software used for the development and operation
of the Application and shall be entitled to download and install new versions of the software of the Application, updates
and improvements, in order to improve the functionalities of the service.
The user does not have any right or license for the contracted service, on the software necessary for the provision of
the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary
for the use and correct operation of the Application.
In addition to the above, the Owner is responsible for the selection, design of the structure and layout of the contents
of the Application, as well as for taking the initiative and assuming the risk of making substantial investments aimed at
obtaining, digitalizing, and presenting the Application. This corresponds to him the protection that the Intellectual
Property Law (LPI) may grant on said layout and structuring of data.
The Owner is also the sole proprietor of the design and graphic image of the Application, reserving the protection that
legally correspond to him against the persons who could carry out imitations or unfair uses of the material.
4. USER RIGHTS.
With respect to any content generated by the User while utilizing the Application, the User shall be the sole owner of the
intellectual property rights to such content. However, when the User shares, disseminates or publishes content in the
Application, he/she is granting a non-exclusive, transferable, and free license to store, reproduce, distribute, modify,
maintain or publicly communicate (disseminate, publish) the content generated by the User
If the User shares or publishes content in the Application that he/she has not created or generated himself/herself,
he/she shall be solely responsible for having previously obtained the corresponding authorizations from the legitimate
authors of the aforementioned content.
Viax Technologies Europe, S.L.
In any case, the Owner informs the User that, although the content can be deleted from the Application interface,
it can be kept in the Owner's backup copies for a certain period of time, to be effectively deleted afterwards.
It is also worth mentioning that the content may still be visible if it has been shared with other users and they
have come to download or save such content, as these actions exceed the scope or environment of the Application.
5. USER OBLIGATIONS.
The User agrees to use this Application and all its contents in accordance with the law, morality, public order, and
these terms of use. Likewise, the User agrees to make appropriate use of the services and/or contents of the Application.
Specifically, the User agrees to:
- Not using the Application to carry out illicit or criminal activities, which infringe the rights of third parties and/or infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
- Not transmitting, introducing, disseminating, and making available to third parties, any type of material and information (data content, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that are contrary to the law, morality, public order, and these conditions of use.
- Not generating, sharing, or uploading content to the Application, if it is illegal, misleading, or discriminatory, or if it violates the rights of another person.
- Not using the Application to carry out illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations
- Not introducing or uploading viruses or malicious codes, or to carry out activities to alter the correct functioning of the Application.
- Not collecting or using personal data (including the physical image) of other users without their express consent or in contravention of the provisions of the General Data Protection Regulation
The infringement of any of the rules contained in this section shall entitle the Owner to immediately remove the user
from the Application, as well as to remove content generated by the user, which may infringe the rights of third parties,
be inappropriate or contrary to the law.
Viax Technologies Europe, S.L.
6. LIABILITY LIMITATIONS.
The Owner does not guarantee that, during the use of the Application, no failures or errors may occur that may hinder
the use of the service, generate imperfections, problems, or delays in the system.
If the Owner has acted with the appropriate and necessary diligence, he/she will not assume any liability for:
losses not caused by the Owner's infringement of the provisions of these conditions; losses not reasonably
foreseeable by any of the parties; contents disseminated or published by other users, infringing third parties'
rights, or when dealing with illegal, violent, offensive, or inappropriate content.
7. PROTECTION OF PERSONAL DATA.
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 concerning
the protection of individuals with regard to the processing of personal data and on the free movement of such data
(General Data Protection Regulation - GDPR), any information or personal data provided by the User through this
Application will be treated in accordance with the provisions of our Privacy Policy.
8. MODIFICATIONS.
The Owner reserves the right to carry out, without prior notice, the modifications it deems appropriate for
the correct operation of the Application. The Owner can change, delete, or add the contents and services
provided through the Application, and the way in which they are presented or located.
The Owner will try, as far as possible, to keep the information contained in this Application updated and free of faults,
however, the access and use of the information is the exclusive responsibility of the User.
9. LEGAL ACTIONS.
In case of breach by the User of the terms included in the present conditions of use, the Owner shall be entitled to
initiate the legal actions that, according to the legislation in force, may be appropriate, as well as to request
the pertinent indemnifications from the User.
The Owner will prosecute any improper use of the Application or its contents as well as infringements of the rights that
correspond to him or his licensors, especially in relation to intellectual and industrial property rights.
Date of last update: 02 / December / 2020
1. OWNERSHIP.
The purpose of this document is to establish the general conditions of use of the web application
(hereinafter, the Application), owned by Viax Technologies Europe, S.L., with CIF/NIF no.: B87751806 and
address for notification purposes at: C/ Alsasua 14-16, C.P. 28023 - Madrid (Madrid): C/ Alsasua 14-16, C.P. 28023 -
Madrid (Madrid), with said entity registered under the Commercial Registry of MADRID, Volume 35604, Folio 34, Section 8ª,
Page M-639896, 1st inscription (hereinafter, the Owner). The registration and subsequent use of the Application requires
prior acceptance by the user of the general conditions of use. The Owner reserves the right to modify the present conditions
at any time, although such changes will be duly notified to the user.
The download and use of the application, attributes the condition of user (hereinafter, the User) and implies the reading,
understanding and acceptance of all the terms and conditions contained in this document.
However, the User must periodically review the publications relating to the changes made to the conditions of use,
and if he/she continues to use the Application, this implies acceptance and understanding of such changes.
The present Terms of Use affect your legal rights and obligations with respect to your use of the Application.
If you do not agree to the terms contained herein, you must not register, access, or use the Application.
2. MINORS.
In accordance with the current regulations regarding the protection of personal data, and to protect the privacy of minors,
the User must be over fourteen (14) years of age or have authorization from their parents and / or legal guardians,
to register, access and use this Application.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal guardians.
To this end, the Owner may contact the User at any time for him/her to prove his/her identity and the real age that would
enable him/her to use the Application, or to prove that he/she has the authorization of his/her parents and/or legal guardians.
Viax Technologies Europe, S.L.
3. INTELLECTUAL PROPERTY RIGHTS.
The Application is composed of various integrated and inseparable elements (text, illustrations, photographs, animated images,
videos, computer programs, etc.), whose intellectual property rights, under the provisions of current legislation on the
subject, correspond to the Owner, except for those materials obtained under license, authorization, or consent of third
parties.
The Owner and the third-party licensors shall always retain the intellectual property rights over the Application, as
well as over the different elements that compose it, considered individually, in all the copies that are made
(regardless of their functionality or use), granting them only the right of use.
Any right not expressly granted shall be reserved in favor of the Owner and the licensors of individual contents or elements.
The Owner has the intellectual property and exploitation rights over the software used for the development and operation
of the Application and shall be entitled to download and install new versions of the software of the Application, updates
and improvements, in order to improve the functionalities of the service.
The user does not have any right or license for the contracted service, on the software necessary for the provision of
the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary
for the use and correct operation of the Application.
In addition to the above, the Owner is responsible for the selection, design of the structure and layout of the contents
of the Application, as well as for taking the initiative and assuming the risk of making substantial investments aimed at
obtaining, digitalizing, and presenting the Application. This corresponds to him the protection that the Intellectual
Property Law (LPI) may grant on said layout and structuring of data.
The Owner is also the sole proprietor of the design and graphic image of the Application, reserving the protection that
legally correspond to him against the persons who could carry out imitations or unfair uses of the material.
4. USER RIGHTS.
With respect to any content generated by the User while utilizing the Application, the User shall be the sole owner of the
intellectual property rights to such content. However, when the User shares, disseminates or publishes content in the
Application, he/she is granting a non-exclusive, transferable, and free license to store, reproduce, distribute, modify,
maintain or publicly communicate (disseminate, publish) the content generated by the User
If the User shares or publishes content in the Application that he/she has not created or generated himself/herself,
he/she shall be solely responsible for having previously obtained the corresponding authorizations from the legitimate
authors of the aforementioned content.
Viax Technologies Europe, S.L.
In any case, the Owner informs the User that, although the content can be deleted from the Application interface,
it can be kept in the Owner's backup copies for a certain period of time, to be effectively deleted afterwards.
It is also worth mentioning that the content may still be visible if it has been shared with other users and they
have come to download or save such content, as these actions exceed the scope or environment of the Application.
5. USER OBLIGATIONS.
The User agrees to use this Application and all its contents in accordance with the law, morality, public order, and
these terms of use. Likewise, the User agrees to make appropriate use of the services and/or contents of the Application.
Specifically, the User agrees to:
- Not using the Application to carry out illicit or criminal activities, which infringe the rights of third parties and/or infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal system.
- Not transmitting, introducing, disseminating, and making available to third parties, any type of material and information (data content, messages, drawings, sound and image files, photographs, software, etc.), through the Application, that are contrary to the law, morality, public order, and these conditions of use.
- Not generating, sharing, or uploading content to the Application, if it is illegal, misleading, or discriminatory, or if it violates the rights of another person.
- Not using the Application to carry out illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations
- Not introducing or uploading viruses or malicious codes, or to carry out activities to alter the correct functioning of the Application.
- Not collecting or using personal data (including the physical image) of other users without their express consent or in contravention of the provisions of the General Data Protection Regulation
The infringement of any of the rules contained in this section shall entitle the Owner to immediately remove the user
from the Application, as well as to remove content generated by the user, which may infringe the rights of third parties,
be inappropriate or contrary to the law.
Viax Technologies Europe, S.L.
6. LIABILITY LIMITATIONS.
The Owner does not guarantee that, during the use of the Application, no failures or errors may occur that may hinder
the use of the service, generate imperfections, problems, or delays in the system.
If the Owner has acted with the appropriate and necessary diligence, he/she will not assume any liability for:
losses not caused by the Owner's infringement of the provisions of these conditions; losses not reasonably
foreseeable by any of the parties; contents disseminated or published by other users, infringing third parties'
rights, or when dealing with illegal, violent, offensive, or inappropriate content.
7. PROTECTION OF PERSONAL DATA.
In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 concerning
the protection of individuals with regard to the processing of personal data and on the free movement of such data
(General Data Protection Regulation - GDPR), any information or personal data provided by the User through this
Application will be treated in accordance with the provisions of our Privacy Policy.
8. MODIFICATIONS.
The Owner reserves the right to carry out, without prior notice, the modifications it deems appropriate for
the correct operation of the Application. The Owner can change, delete, or add the contents and services
provided through the Application, and the way in which they are presented or located.
The Owner will try, as far as possible, to keep the information contained in this Application updated and free of faults,
however, the access and use of the information is the exclusive responsibility of the User.
9. LEGAL ACTIONS.
In case of breach by the User of the terms included in the present conditions of use, the Owner shall be entitled to
initiate the legal actions that, according to the legislation in force, may be appropriate, as well as to request
the pertinent indemnifications from the User.
The Owner will prosecute any improper use of the Application or its contents as well as infringements of the rights that
correspond to him or his licensors, especially in relation to intellectual and industrial property rights.
Privacy Policy
Privacy Policy
×Date last updated: 02 / December / 2020
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation - GDPR), Viax Technologies Europe, S.L., informs users of the web application about the processing of personal data which they have voluntarily provided during the process of registration, access and use of the service.
1. IDENTIFICATION OF THE DATA CONTROLLER
Viax Technologies Europe, S.L., with CIF/NIF nº: B87751806, address for notification purposes at: C/ Alsasua 14-16, C.P. 28023 - Madrid (Madrid) and registered under the Commercial Registry of MADRID, Volume 35604, Folio 34, Section 8ª, Page M-639896, 1st inscription (hereinafter, the Data Controller), is the entity responsible for the processing of the data provided by the customers of the Application (hereinafter, the User/s).
2. PURPOSE OF DATA PROCESSING.
To proceed with the registration, access and subsequent use of the Application, the User must provide, on a voluntary basis, personal data (essentially, identification and contact data), which will be incorporated into automated media owned by Viax Technologies Europe, S.L. The collection, storage, modification, structuring and, where appropriate, deletion of the data provided by the Users will constitute processing operations carried out by the Data Controller, to ensure the proper functioning of the Application, maintain the provision of services and / or commercial relationship with the User, and for the management, administration, information, provision, and improvement of the service. The personal data provided by the User, especially the e-mail, may also be used to send newsletters, as well as commercial communications of promotions and / or advertising of the Application, provided that the User has previously given his express consent to receive these communications electronically.
Viax Technologies Europe, S.L.
3. LEGITIMACY.
The processing of the User's data is carried out with the following legal bases that legitimize the use of the material:
- The request for information and/or the contracting of the services of the Application, whose terms and conditions will always be made available to the User in advance for their express acceptance.
- The free, specific, informed, and unequivocal consent of the User, making available to him/her the present privacy policy, which he/she must accept by means of a statement or a clear affirmative action, such as the marking of a box provided for this purpose.
If the User does not provide Viax Technologies Europe, S.L. with his/her data, or does so erroneously or incompletely, he/she will be unable to proceed with the use of the Application.
4. CONSERVATION OF PERSONAL DATA.
The personal data provided by the User, will be kept in the systems and databases of the Data Controller, while he/she continues to use the Application, and if he/she does not request its deletion.
To purge the possible responsibilities derived from the treatment, the data will be kept for a minimum period of five years.
5. RECIPIENTS.
The data will not be communicated to any third party outside Viax Technologies Europe, S.L., unless required by law or in any case, upon request of the User's consent.
The data will not be communicated to any third party outside Viax Technologies Europe, S.L., unless required by law or in any case, upon request of the User's consent.
Viax Technologies Europe, S.L.
6. DATA RETENTION.
Viax Technologies Europe, S.L., informs the User that, as a data hosting service provider and under the provisions of Law 34/2002 of July 11, 2002, concerning Services of the Information Society and Electronic Commerce (LSSI), the Data Controller retains the information necessary to identify the origin of the hosted data and the time at which the service was initiated for a maximum period of 12 months.
The retention of this data does not affect the secrecy of communications and may only be used in the framework of a criminal investigation or for the safeguarding of public security, being made available to judges, courts, and/or the Ministry that may require access.
The communication of data to the State Security Forces and Corps, will be made under the provisions of the regulations on personal data protection, and with the utmost respect.
7. PROTECTION OF HOSTED INFORMATION.
The Data Controller adopts the necessary measures to ensure the security, integrity, and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of individuals regarding the processing of personal data and the free:
- Delivery of contracts to be signed with workers and third-party organizations and customer consents.
- Delivery of the reply to the exercise of the rights of access, rectification, cancellation, opposition, limitation, and portability by customers.
- Analysis of Viax Technologies Europe, S.L. information systems.
This certificate is valid as long as it complies with the procedures established in the documentation provided by Grupo Ático34 S.L. or if it is not suspended or withdrawn by our entity. In Madrid, November 26, 2020, circulation of the material.
Although the Data Controller makes backup copies of the contents hosted on its servers, it is not responsible for the loss or accidental deletion of data by Users. Likewise, it does not guarantee the total replacement of data deleted by Users, since such data may have been deleted and/or modified during the time elapsed since the last backup.
The services provided or rendered through the Application, except for specific backup services, do not include the replacement of the contents kept in the backup copies made by the Data Controller. If the loss is attributable to the User, a fee will be determined according to the complexity and volume of the recovery, always with the prior acceptance of the User. The replacement of deleted data is only included in the price of the service when the loss of the content is due to causes attributable to the Data Controller.
8. EXERCISE OF RIGHTS.
Viax Technologies Europe, S.L., informs the User that he/she has the rights to access, rectify, limit, suppress, oppose, and transfer, which may be exercised by request to the email:
administracion@firstfit.es
Likewise, the User has the right to revoke the consent initially given, and to file claims of rights before the Spanish Data Protection Agency (AEPD).
Viax Technologies Europe, S.L.
9. COMMERCIAL COMMUNICATIONS BY ELECTRONIC MEANS.
In accordance to the LSSI (Law of Information Society Services), Viax Technologies Europe, S.L., will not send advertising or promotional communications by email or other equivalent means of electronic communication that have not been previously requested or expressly authorized by the recipients.
In the case of users with whom there is a previous contractual, legal, or service relationship, the Data Controller is authorized to send commercial communications concerning products or services that are similar to those that were initially authorized by the customer.
If the User wishes to unsubscribe from receiving the aforementioned communications, he/she may do so by sending an e-mail to the following address: administracion@firstfit.es.
CERTIFICATE OF PERSONAL DATA PROTECTION
This Certificate states that Grupo Ático34 S.L. has carried out the adaptation of Data Protection for Viax Technologies Europe, S.L., with CIF/NIF nº B87751806, required by the current legislation on the protection of personal data and in accordance with the requirements established in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data.
We also state that the personal data of its customers have been collected in accordance with the provisions of this regulation and are stored in a file owned by Viax Technologies Europe, S.L., with registered office at: C/ Alsasua 14-16, C.P. 28023 - Madrid (Madrid).
In accordance with the Law, the user has the possibility of exercising the rights of access, rectification, cancellation, opposition, limitation and portability of the data at the address provided in the previous paragraph.
Grupo Ático34 S.L. declares to have provided the following services:
- Elaboration of the registry of processing activities and the corresponding risk analysis report.
- Elaboration of the Security Document.
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