Legal Notice

SECMOTIC INNOVATION S.L. (hereinafter, the “Company”), with registered office at C/ FACTORES 18, LOCAL 2A, 41015, Seville (Seville), Spain, Tax Identification Number (CIF) B90175829, duly registered with the Commercial Registry of Seville, Volume 5990, Book X, Section X, Folio 1, Sheet SE-104444, hereby STATES:

The use of the domain name https://secmotic.com/ is duly registered by the Company with all legally required guarantees, in accordance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce. Furthermore, these Legal Terms fully comply with the applicable regulations in force regarding Data Protection, Electronic Commerce, Contracting Conditions, Intellectual and Industrial Property, and all other supplementary provisions.

1. ACCEPTANCE OF THE LEGAL TERMS

A.Access to and/or use of this website in any manner whatsoever confers the status of User and implies full and unconditional acceptance of each and every one of these Legal Terms. The Company reserves the right to amend these Legal Terms at any time without prior notice. Consequently, it shall be the responsibility of every visitor and/or User to carefully read the Legal Terms in force on each occasion they access this website. Should the User disagree with any of the provisions set forth herein, they must refrain from using this website.

2. PURPOSE

A. Through the website https://secmotic.com/, the Company provides Users with access to various content, services, information and data (hereinafter, the “Content”) made available to them. The Company reserves the right to modify, at any time and without prior notice, the presentation, configuration, location and content of the website, as well as the products and services offered therein.

3. ACCESS CONDITIONS

A. Access to information relating to the various products and services available on the website, as well as browsing thereof, shall be free of charge and shall not require prior registration, submission of personal data, or the use of passwords.

B. Where access to certain content or services requires the provision of personal data, Users shall guarantee the truthfulness, accuracy, authenticity and validity of such data. The Company shall process said data by automated means as appropriate to its nature or purpose, in accordance with the terms set forth in the Data Protection Policy section.

4. CONDITIONS OF USE

A. The User undertakes to make appropriate and lawful use of the website, as well as its Content and services, in accordance with the legislation applicable at any given time, these Legal Terms, generally accepted morals and good customs, and public order.

The User shall refrain from:

    • Making unauthorized or fraudulent use of the website and/or the Content for unlawful purposes or effects, or in any manner prohibited by these Legal Terms, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate or impede the normal use of the services or documents, files and all kinds of content stored on any computer system;

    • Accessing or attempting to access restricted resources or areas of the website without fulfilling the conditions required for such access;

    • Causing damage to the physical or logical systems of the website, its providers or third parties;

    • Introducing or disseminating computer viruses or any other physical or logical systems capable of causing damage to the physical or logical systems of the Company, its providers or third parties;

    • Attempting to access, use and/or manipulate the Company’s data, third-party providers’ data, or other Users’ data;

    • Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Content without the express authorization of the holder of the corresponding rights or where legally permitted;

    • Removing, concealing or manipulating intellectual or industrial property rights notices or other identifying data of the Company or third parties incorporated into the Content, as well as technical protection devices or any information mechanisms that may be embedded in the Content;

    • Attempting to obtain personal data other than that which they are authorized to know, by unlawful, fraudulent means or methods capable of causing any type of damage (including, but not limited to, viruses, trojans, bugs, worms, etc.).

In particular, and by way of indication only and not limitation, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software or, in general, any material that:

    • Is contrary to, disregards or infringes upon fundamental rights and public freedoms recognized constitutionally, in International Treaties or in other applicable legislation;

    • Induces, incites or promotes criminal, defamatory, violent or unlawful actions or conduct contrary to law, morality, generally accepted good customs or public order;

    • Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

    • Incorporates, makes available or allows access to criminal, violent, offensive, harmful, degrading or unlawful products, elements, messages and/or services;

    • Induces or may induce an unacceptable state of anxiety or fear;

    • Induces or incites involvement in dangerous, risky or harmful practices for health or psychological balance;

    • Is protected by intellectual or industrial property legislation belonging to the Company or third parties without authorization for the intended use;

    • Is contrary to the honor, personal or family privacy, or self-image of individuals;

    • Constitutes any form of advertising;

    • Includes any type of virus or program that prevents the normal functioning of the website.

B. Where access to certain content or services requires the provision of personal data, Users shall guarantee the truthfulness, accuracy, authenticity and validity of such data. The Company shall process such data by automated means according to its nature or purpose, in accordance with the Data Protection Policy.

5. LIABILITY

A. The Company does not guarantee uninterrupted access to the website, nor the correct display, download, or usefulness of the elements and information contained on its pages, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.

B. The Company may interrupt the service or immediately terminate the relationship with the User if it detects that the use of the Portal or any of the services offered therein is contrary to these Legal Terms.

C. The Company makes available to Users the email address info@secmotic.com so that any content that may affect the activities of other users may be reported, with the intention of correcting it where appropriate.

D. The Company shall not be liable for any damages, losses, claims, or expenses arising from:

        • Interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, or errors in telecommunications lines and networks, or by any other cause beyond the Company’s control;

        • Unlawful intrusions through the use of malicious software of any kind and through any means of communication, such as computer viruses or any other similar threats;

        • Improper or inappropriate use of the Company’s web pages;

        • Security or navigation errors caused by malfunctioning browsers or by the use of outdated versions thereof. The Company’s administrators reserve the right to remove, in whole or in part, any content or information present on the website.

E. The Company excludes any liability for damages of any nature that may arise from the misuse of freely accessible services by Users of the website. Likewise, the Company shall not be held liable for the content and information that may be received as a result of data collection forms, which are provided solely for the purpose of delivering the services offered by the Company, such as online commerce services and requests for quotations. Furthermore, should damages arise from unlawful or improper use of such services, the User may be held liable to the Company for the damages caused.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

A. The User acknowledges and agrees that all trademarks, trade names, distinctive signs, industrial and intellectual property rights relating to the content and any other elements incorporated into the website are the exclusive property of the Company and/or third parties, who retain the exclusive right to use them in the course of trade. Access to the website shall not under any circumstances imply any waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These Legal Terms do not grant Users any rights of use, alteration, exploitation, reproduction, distribution, or public communication of the website or its Content other than those expressly provided herein. Any other use or exploitation of such rights shall require the prior and express written authorization of the Company or the third-party rights holder concerned.

B. The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this website, as well as the website as a whole as a multimedia artistic work, are protected by intellectual property legislation. The Company owns the elements that comprise the graphic design of its website, including menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content, or holds the corresponding authorization for their use. The content available on this website may not be reproduced, in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorization of the Company.

C. It is likewise prohibited to remove, circumvent, or manipulate the copyright notices and other identifying data of the Company or third parties incorporated into the content, as well as any technical protection devices or information mechanisms that may be included therein. The User undertakes to respect the aforementioned rights and to refrain from any action that may prejudice them, the Company reserving the right to exercise any legal actions available to it in defense of its legitimate intellectual and industrial property rights.

7. DATA PROTECTION

A. In order to use certain Services, Users must first provide certain personal data. The Company shall process such Personal Data by automated means in compliance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation – GDPR). Users may consult the Data Protection Policy to obtain detailed information regarding the processing of personal data, including the purposes established therein, in accordance with the conditions defined in the Data Protection Policy available on the website.

8. DURATION AND TERMINATION

A.The provision of services through this website and the other services offered therein is, in principle, of indefinite duration. Notwithstanding the foregoing, the Company may terminate or suspend any of the portal services at any time. Where possible, the Company will announce the termination or suspension of the relevant service.

9. FORCE MAJEURE

A. The Company shall not be liable in the event of an inability to provide services where such inability results from prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts or omissions of governmental authorities, or, in general, any events of force majeure.

10. COOKIES USED IN THE WEBSITE

A. In accordance with the guidelines of the Spanish Data Protection Agency, you may consult our Cookie Policy by clicking here.

11. APPLICABLE LAW AND JURISDICTION

A. These Legal Terms shall be governed by and construed in accordance with Spanish law. To the extent permitted by applicable law, the parties expressly waive any other jurisdiction that may correspond to them and agree to submit to the Courts and Tribunals corresponding to the registered office of the Company.

Calle Factores 2, 41015 Seville

Phone: +34 618 72 13 58

Email: info@secmotic.com

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