WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.
The terms and conditions set forth hereunder (hereinafter referred to as the “Terms of Service” or “TOS””) shall govern the access to and use of each and every web page to be found under the domain “kotoc.cat”, and its respective sub-domains and sub-directories (hereinafter referred to as the “Web Site”), property of Produccions d’Empatia Digital S.L., a commercial company with registered offices at Via Augusta 128, Esuelo 108, 08006 Barcelona, incorporated for an indefinite term pursuant to public instrument and recorded at the Mercantil Register of Barcelona, in Volume 38113 of the records, Folio 1, Sheet B319026, inscription 1, with tax identification number B64043029.
Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same.
The latest version of the Terms of Service may be consulted whenever so desired at the web site address www.kotoc.cat. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.
TERMS OF SERVICE
PURPOSE OF THE TERMS OF SERVICE
The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean:
The external appearance (or “look and feel”) of the screen interfaces, both static and dynamic (that is to say, the navigation tree).
The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the “Content”) and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the “Services”).
Kotoc reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and its Content and Services contained therein. The user acknowledges and accepts that Kotoc may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Web Site.
ACCESS TO CONTENT AND SERVICES
In order to access to Web Site, a user must:
have access to the internet, either directly or indirectly through an access device;
pay the corresponding access and connection fees, and
be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.
For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and Kotoc hereby declines any kind of liability which may derive from same.
The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by Kotoc for such purpose.
REGULATIONS FOR USE OF THE WEB SITE
The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site:
to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
for illicit, prohibited or harmful purposes or effects. Kotoc hereby declines any liability which could derive from the foregoing.
The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited.
The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of Kotoc or any third party, or the content incorporated and/or stored in same.
The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users.
The user undertakes to abstain from modifying the equipment and systems of Kotoc in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site.
The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
WEB SITE CONTENT AND SERVICES
The user acknowledges and accepts that any details of an economic-financial-strategic nature in relation to Kotoc appears for merely informative purposes.
The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable precautions to ensure that such information is not erroneous or mistaken, Kotoc neither states nor guarantees that it is exact, complete or up to date, and it should not be trusted as such.
The Corporate Information contained on the Web Site does not entail any kind of recommendation for investment, nor financial or any other kind of advice, and no part of its content should be used as a basis to carry out investments or to make decisions of any kind.
Without prejudice to all of the foregoing, any user who decides to invest in shares of the Kotoc should take into account the fact that the value of his or her investment may undergo fluctuations either upwards or downwards, and that he or she may thus be unable to recover the sum invested, either in whole or in part. Any profits obtained in the past do not indicate future yield. Exchange rates and their fluctuations may produce fluctuations in the value of their investments.
Information provided by third parties
The Web Site may include information or content facilitated by other sources other than Kotoc, including the users of the Web Site themselves. Kotoc does not guarantee, nor does it assume, any liability whatsoever for the certainty, integrity or exactness of such information and/or content, including any situation where defamatory, offensive or illicit elements exist.
At all events, and without prejudice to the foregoing, remittal by third parties of information and/or content of the publicly accessible sections of this Web Site through electronic mail or any other means shall imply the granting in favour of Kotoc of a non-exclusive licence, with no time limit, world-wide and at no cost, to reproduce, store, edit, modify, publish, incorporate in data bases, publicly notify, transmit, visualise, distribute, represent or in any other manner commercially exploit, in whole or in part, such information or content owned by the user on the Web Site, in any form or by any other means or technology. Kotoc reserves the right, at its own sole discretion, to edit, reject or eliminate the aforementioned information and/or content.
The user acknowledges and accepts that Kotoc may retain and reveal the information it stores or places at the disposal of third parties on the Web Site, provided that this is:
required from them by the competent authorities and official organisms;
convenient or necessary to contest claims relating to violation or infringement of rights; or
advisable or necessary to protect the legitimate interests of Kotoc, its users and the public in general.
CONTENT AND SERVICES OUTSIDE THE WEB SITE
The Web Site of Kotoc may place at the disposal of users technical mechanisms for links, directories and search engines, which allows them to access web pages belonging to or managed by third parties.
The installation of such links, directories or search engines on the Web Site has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the Internet.
Establishment of a link does not necessarily imply the existence of a relationship between Kotoc and the proprietor of the web page with which the link is established, nor acceptance and approval on the part of Kotoc of its content or services.
Unless expressly otherwise stated, neither Kotoc itself nor any third party either offers or markets the information, content and/ or services available on the pages to which it provides a link, nor does it control, approve or oversee them or make them its own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained in the pages to which such link is provided.
To the extent that this website contains links to outside websites over which Kotoc does not have any control whatsoever, the user acknowledges and accepts that Kotoc shall not be held responsible for the contents and the services that they may access in said pages, nor for any products commercialised in same.
GUARANTEES AND LIABILITY
Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that Kotoc grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to:
The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned.
The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein.
The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein.
The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose.
The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content.
Kotoc hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the Web Site and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones).
Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection.
The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system.
The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, Kotoc neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.
Without prejudice to the foregoing, Kotoc shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHERS
Governing Law This Web Site, as well as its Content, Services and elements, are the property of or fall under the control of Kotoc, and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of the kingdom of Spain, and by any applicable international Treaties and Conventions.
Kotoc Proprietary Rights Kotoc holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Web Site. Likewise, Kotoc or any of the companies comprising the Kotoc group of companies reserves the rights over any Content, Services or elements it owns and which are incorporated in the Web Site, including but not limited to:
those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the web pages making up the Web Site;
the navigation architecture;
the source codes of the Web Site;
All of the foregoing shall be collectively referred to hereinafter as the “Property”.
Property of third parties The user acknowledges and accepts that content and services owned by third parties, whose rights are protected by the applicable legislation in matters concerning intellectual and industrial property rights, rights to exploit the commercial and publicity value of image and other analogous rights, according to each case, are accessible on the Web Site.
Rights reserved The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:
The technical data protection or identification systems which may be contained in the Content (such as, for example, water marks, finger prints, etc.).
Kotoc hereby authorises all users to access and navigate the Web Site, using the Services and visualising the Content incorporated therein.
Users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of the Web Site, its pages, Content or its integrated elements, be this partially or totally, without the express written consent of the legitimate owner of the exploitation rights. Whenever Kotoc so expressly authorises in writing, the user may download one sole copy of the Content. At all events, the licence for use recognised in this point may in no case whatsoever be handed over or transferred to third parties.
Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.
Kotoc reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. Kotoc grants no licence or authorisation for use whatsoever to the user in respect of its Property other than that expressly detailed in this clause.
Users and, in general, all those persons who intend to establish a link between their web page and the Web Site, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written acceptance from Kotoc:
A user may not reproduce, nor totally or partially imitate, the content of the Web Site nor its illustrated graphic appearance, (“look and feel”), nor may he or she produce frames (“frames”) nor assembled links (“link inline”) of the Kotoc pages.
No browser, frame or navigation bar or environment may be created on the Web Site pages.
No false, inexact, incorrect or denigrating statement may be made in respect of the Web Site, Kotoc or any other Kotoc Property and, in particular, nor shall it be stated or given to be understood that Kotoc collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the content or services offered or placed at the disposal of the web page to which the link is established.
The web page to which the link is established shall not contain any trade mark, commercial name, notice of establishment, denomination, logotype, slogan or other distinguishing sign which are the property of Kotoc, with the exception of those signs forming part of the same link or other Property which held a prior written licence from Kotoc.
The web page to which the link is established shall not contain any information or content which may be illicit or contrary to morals and generally accepted ethical conduct and public order, nor shall it contain any content or services contrary to any third-party rights.
TERMINATION OF LICENCES
does not comply with the terms and conditions herein specified;
infringes or violates the intellectual and industrial property rights or other analogous rights of Kotoc, or of any other legitimate holder of such rights; or
infringe any applicable regulation.
The user shall be under obligation to immediately modify or withdraw from his or her web page any Property of Kotoc, or to withdraw any link to the Web Page when so required by Kotoc.
INFRINGEMENT NOTIFICATION PROCEDURE
Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or through the Services rendered, he or she may contact the Legal Department at the registered offices of Kotoc indicated above, facilitating the following information:
The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.
TERM AND MODIFICATION
The legal relationship deriving from access to and utilisation of the Web Site, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.
Kotoc may assign, transfer, encumber or subrogate in favour of third parties, totally or partially, the rights and obligations assumed pursuant to the contractual relationship expressed herein, as well as the contractual relationship, to any third party, it being understood hereby that the user grants sufficient authorisation to this effect.
GOVERNING LAW AND JURISDICTION
The Web Site is operated and controlled by Kotoc from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilisation of the same shall be understood to be governed and construed in accordance with Spanish legislation.
Should the user have his or her domicile outside of Spain, Kotoc and the user shall submit to the competent courts and tribunals of the kingdom of Spain, expressly waiving their right to any other jurisdiction.
This Application collects some Personal Data from its Users.
Data Controller and Owner
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies and Usage Data.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, SPAM protection and Platform services and hosting.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Analytics collected directly (This Application)
This Application uses an internal analytics system that does not involve third parties.
Personal Data collected: Cookies and Usage Data.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Platform services and hosting
These services have the purpose of hosting and running key components of this Application, therefore allowing the provision of this Application from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
WordPress.com (Automattic Inc.)
WordPress.com is a platform provided by Automattic Inc. that allows the Owner to build, run and host this Application.
This type of service analyzes the traffic of this Application, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM.
Akismet (Automattic Inc.)
Akismet is a SPAM protection service provided by Automattic Inc.
Additional information about Data collection and processing
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
System logs and maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Definitions and legal references
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User’s device.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.