法律咨询
VENTURMODA S.A. (hereinafter, VENTURMODA S.A.) is a fashion company with registered office in Erandio (VIzcaya) at la Ribera de Axpe 11 and holder of Tax Number (CIF) A-48233308, and whose commercial brand name, registered and owned, is JOTA MAS GE.
By means of this DISCLAIMER it aims to regulate access and use, and in general, the relationship between this Portal (hereinafter WEBSITE) accessible at the Internet address www.jotamasge.com and the users of the WEBSITE (hereinafter, USERS).
• PERSONAL DATA PROTECTION POLICY
In order to facilitate a rapid and efficient development in the relationship
between VENTURMODA S.A. and the USERS, VENTURMODA S.A. guarantees the
privacy of the online services, via this disclaimer, according to the
legal requirements and informs with regards to its personal data protection
policy so that the USERS can freely and voluntarily determine whether
they want to provide VENTURMODA S.A. with their personal data by means
of the electronic form for the subscription of the services offered by
VENTURMODA S.A. on its WEBSITE.
The USERS consent to the treatment of said personal data by VENTURMODA
S.A. under the terms of this Personal Data Protection Policy.
- Confidentiality in the automated treatment of the personal data of the
Users.
VENTURMODA S.A. guarantees the confidentiality of the personal data provided
by the USERS and their automated treatment according to the legislation
in force on the protection of personal data (Organic Law 15/99, of the
13th December, on the Protection of Personal Data, Royal Decree 994/1999,
of the 11th June, by which the Regulations of the means of security of
the automated files containing personal data were approved, as well as
all the regulations applicable to this subject).
VENTURMODA S.A. has adopted the legally required levels of security of
personal data protection, and has installed all the means and technical
methods within its capacity to avoid the loss, misuse, alteration, unauthorized
access and theft of the personal data provided. Despite the foregoing,
the USER must be aware that the means of security on the Internet are
not impregnable. The personal data collected will be the object of automated
treatment and will be incorporated in the corresponding automated files
by VENTURMODA S.A.
VENTURMODA S.A. will provide the USERS with the appropriate technical
resources in order to, prior to the delivery of this personal data, have
access to this Personal Data Protection Policy or any other relevant information,
and can give their consent in order for VENTURMODA S.A. to go ahead with
the automated treatment of the personal data of the USERS.
VENTURMODA S.A. reserves the right to modify this policy to adapt it to
the updates and requirements in legislation and case law, as well as in
the practices of the industry, always taking into account the legitimate
interests of the consumer or user. Certain services rendered on the WEBSITE
may contain particular conditions with specific provisions on the subject
of personal data protection.
- The purpose of the collection and automated treatment of personal data.
The purpose of the collection and automated treatment of personal data,
as a consequence of the browsing of the WEBSITE’s pages, of a consultation,
request or subscription to any service(s), promotion(s) or competition(s),
offered by VENTURMODA S.A., is to provide the USER with a personalized
experience in browsing, as well as the management, administration, rendering,
broadening and improvement of the services which the USER decides to subscribe
to, register for or use, and the adjustment of these services to the preferences
and tastes of the USERS.
Also, its purpose is to form a quantitative and qualitative study of the
visits and the use of the services by the USERS, the design of new services
related to the current services of VENTURMODA S.A. and their updates,
and the sending via traditional and electronic means of technical and
operative information, and information related to the specific parameters
chosen by the USER in the subscription forms, surveys, commercial information
or publicity about the products and services offered by VENTURMODA S.A.
The replies to the questions on personal data which appear marked on the
Subscription Form with an asterisk (*) are obligatory. Under no circumstances
shall VENTURMODA S.A. use the personal data of the USERS for purposes
other than those previously mentioned, except with a forewarning made
on the WEBSITE giving a reasonable time for the USER to declare his/her
objection to it.
The USER is not obliged to receive the aforementioned publicity nor survey
forms, indicating so on the Subscription Form for the services offered
by VENTURMODA S.A. or by writing to the e-mail address jotamasge@jotamasge.com,
or by post to VENTURMODA S.A., Ribera de Axpe 11, Edificio D1, Local 111,
48950 Erandio (Vizcaya), in this case attaching a copy of their D.N.I.
or any other valid means which is legal proof of their identity.
- Rights of the Users in relation to their personal data.
The USERS have recognition of and can exercise their rights to access,
cancel, rectify and object to the treatment, use and transfer of their
data, by writing to VENTURMODA S.A. at the e-mail address jotamasge@jotamasge.com,
or by post to VENTURMODA S.A., Ribera de Axpe 11, Edificio D1, Local 111,
48950 Erandio (Vizcaya), in this case attaching a copy of their D.N.I.
or any other valid means which is legal proof of their identity.
Also, the USER exercises the right to be informed about the purposes for
which the use of his/her data has been authorized, and about the transfers
of data which VENTURMODA S.A. makes to third party COLLABORATORS.
- Transfer of personal data of the Users to third parties.
VENTURMODA S.A. shall not transfer the personal data of the USERS which
is collected via the WEBSITE to third parties without the express consent
of the USER. For this aim, VENTURMODA S.A. shall offer the USER beforehand
the possibility of accepting the transfer or not.
VENTURMODA S.A. shall expressly inform the USER about the transfer of
personal data to third parties, indicating the identity of the receiving
party and the purpose of the transfer of personal data. However, VENTURMODA
S.A. can transfer, if applicable, the personal data of the USERS to VENTURDIS
S.L. (company whose share capital is 100% owned by VENTURMODA S.A.) for
the same purposes which have been indicated for the collection of personal
data by VENTURMODA S.A. in relation to its respective products and services,
guaranteeing at all times the confidentiality in the automated treatment
of the personal data and applying the provisions in this Personal Data
Protection Policy.
If there are any doubts regarding the same, the USER can contact VENTURMODA
S.A. by writing to the e-mail address jotamasge@jotamasge.com, or by post
to Ribera de Axpe 11, Edificio D1, Local 111, 48950 Erandio (Vizcaya).
Despite the foregoing, the contractual conditions applicable to certain
services contracted in this WEBSITE may require the USER to express consent
or not to the transfer of his/her data to third party COLLABORATORS with
the provision of the contracted service. The USER consents to the use
of his/her personal data when it is required by the competent administrative
Authorities or by a court order.
- Use of Cookies and the activity file.
VENTURMODA S.A.. can use cookies when a USER is browsing the sites and
pages of its WEBSITE. Cookies are files sent by a browser via a web server
to register the activities of the USER on the WEBSITE.
The cookies sent by VENTURMODA S.A. are only associated with an anonymous
USER and his/her computer and do not provide the name and surnames of
the USER. Thanks to the cookies, it is possible for VENTURMODA S.A. to
recognise the registered USERS after these have registered for the first
time, without them having to register at each visit to access the areas,
services, promotions or competitions reserved exclusively for them. They
are also used to measure the audience and traffic parameters, to control
the progress and number of entries.
The USER has the possibility of configuring his browser to be warned on
the screen of the reception of cookies and to prevent their installation
in the hard disk. Please consult the instructions and manuals of your
browser to obtain more information.
To use the WEBSITE, it will not be necessary for the USER to allow the
installation of the cookies sent by VENTURMODA S.A., without affecting
the fact that it will be necessary for the USER to start a session as
such for each one of the services whose provision requires prior registration
or login.
In the same way, the web servers of VENTURMODA S.A. automatically detect
the IP address and domain name used by the user. All this information
is registered in an activity file on the server which allows the posterior
processing of the data in order to obtain statistical measurements which
show the number of printouts of the pages, the number of visits made to
the web services, etc.
• EXEMPTION FROM RESPONSIBILITY FOR THE CONTENTS AND SERVICES PROVIDED
On its WEBSITE, VENTURMODA S.A. includes a series of contents pertaining
to a fashion company, as well as thematic channels created by VENTURMODA
S.A., or via collaboration agreements with other entities (hereinafter
referred to generically as CONTENTS).
VENTURMODA S.A. provides its USERS via the WEBSITE with multiple services
(hereinafter, SERVICES). Both the SERVICES and the CONTENTS offered to
the USERS may be extended or modified in the future by VENTURMODA S.A.,
all the provisions in this section being of application to them.
VENTURMODA S.A. is exempt from any responsibility for damages of any kind
which may be derived from the capture and use by third party COLLABORATORS
of the information, publicity and opinions provided by the USERS to the
WEBSITE.
In any case, VENTURMODA S.A. is not responsible for the contents, information
and images which do not depend on the WEBSITE, nor are managed by VENTURMODA
S.A., although they may appear on the WEBSITE in virtue of the collaboration
agreement signed by VENTURMODA S.A.
- Exemption from responsibility for the contents found in web pages accessible
from the WEBSITE.
VENTURMODA S.A. is not responsible for the edition, revision, censor or
verification of the contents of Internet pages or sites to which the USER
connects via the search engine or links included in the WEBSITE.
VENTURMODA S.A. is not responsible for any of the information, opinions
and concepts which are issued, published or distributed directly or indirectly
via this WEBSITE, any interconnected website which is accessed via the
WEBSITE via the links, or any of the services which are connected or related
to this interconnected web page.
VENTURMODA S.A. does not take responsibility for the misuse of the contents
of the WEBSITE, this being the exclusive responsibility of the person
who accesses them or uses them.
The USERS undertake to use the WEBSITE and its SERVICES in keeping with
the Law, with the morals and generally accepted normal customs and with
public order.
- Exemption from responsibility due to the functioning of the WEBSITE:
VENTURMODA S.A. provides its services and contents in a continual way,
employing all the technical means within its capacity to carry out such
a provision in a satisfactory manner.
VENTURMODA S.A. can, when it considers convenient, make corrections, improvements
and modifications to the information contained in the WEBSITE, in the
SERVICES, or in the CONTENTS, without this resulting in or giving any
right to a claim or compensation, no will it imply acknowledgement of
any responsibility.
VENTURMODA S.A. is not responsible for damages of any kind which may be
derived from the technical availability and continuity of the functioning
of the WEBSITE. In any case, VENTURMODA S.A. will carry out all the necessary
action to re-establish its services if there is a technical failure.
VENTURMODA S.A. is not responsible for damages of any kind which may be
derived from the knowledge which unauthorized third parties may have of
the data of the USERS and the use which they make of the WEBSITE via this
data.
- Exemption from responsibility in the Promotions of VENTURMODA S.A. or
of Third Parties included in the WEBSITE:
VENTURMODA S.A. is exempt from any kind of responsibility for the lack
of availability of a promotion due to technical problems which are not
attributable to the WEBSITE or the Third Party which has organized the
same.
Equally, VENTURMODA S.A. is exempt from responsibility for its services,
goods or products which may be acquired or contracted to third parties
via access to this WEBSITE, especially in those cases where the process
of purchase or contracting is done directly through the web page of the
third party and even though there may be symbols or a frame with the graphic
elements of the WEBSITE (Branding).
- Exemption from responsibility for the improper use of the USERS’
passwords:
The USERS are uniquely and exclusively responsible for their identification
passwords and access to the CONTENTS and SERVICES of the WEBSITE. This
identification is composed of a secret code or password and the USER’s
name.
VENTURMODA S.A. is not liable for the improper use of the access passwords
of the USERS for the access to the CONTENTS and SERVICES of the WEBSITE
which require them and for any of the consequences derived from the misuse
by the USERS, if they are lost, forgotten or improperly used by unauthorized
third parties.
• INTELLECTUAL PROPERTY OF THE CONTENTS OF THE WEBSITE
The texts (information, concepts, opinions and other similar elements)
and graphic elements (design, logo, source code and other similar elements)
which make up the WEBSITE and which are disseminated via the same, as
well as its presentation and set-up, are owned exclusively by VENTURMODA
S.A., who holds the exploitation rights of the same via agreements with
third parties.
In this sense, they constitute works protected by the set of Spanish and
Community Rules in the area of intellectual property, according to the
Royal Decree Law 1/1996, of the 12th April, by which the Rewritten Text
of the Intellectual Property Law and the Law 5/1998, of the 6th of March,
of the Incorporation of the Directive 96/9/CE into Spanish Law on the
Legal Protection of Data bases, were approved, and therefore, as a result,
the international treaties signed in this field became applicable.
VENTURMODA S.A. does not award any licence of use of authorization of
its industrial and intellectual property rights or any other property
or right related to its WEBSITE, except on express agreement with third
parties.
The USERS can reproduce the contents of the WEBSITE with the unique aim
of storing them, making backup copies or printing them on paper for private
use.
Apart from the foregoing, any total or partial reproduction, distribution,
transformation, presentation of the content of the WEBSITE or of any of
its elements, directly or indirectly via telematic networks or similar
mediums, with the commercial aim directed towards the public or for a
use beyond those mentioned, even quoting the source, if there is not the
express written authorization from VENTURMODA S.A. and, where appropriate,
from third party collaborators.
The non-fulfilment of the foregoing will allow VENTURMODA S.A. to take
the pertinent legal action.
The following are especially forbidden:
- The presentation of a page of the WEBSITE within the framework of another
web page which does not belong to VENTURMODA S.A., by means of the technique
called "framing", unless there is the express written consent
from VENTURMODA S.A.
- The insertion of an image disseminated in the WEBSITE in a page or data
base, which does not belong to VENTURMODA S.A., by means of a technique
called “in line linking” if there is not the express authorization
from VENTURMODA S.A.
- The extraction and use of elements of the WEBSITE, whether causing or
not any form of damage to VENTURMODA S.A., according to the provisions
of the Royal Decree Law 1/1996, of the 12th April, by which the Rewritten
Text of Intellectual Property Law and the Law 5/1998, of the 6th March,
of the Incorporation of the Directive 96/9/CE into Spanish Law on the
Legal Protection of Data bases was approved.
VENTURMODA S.A. must expressly authorize the establishing of hypertext
links (hyperlinks) in another website directed to the homepage of this
WEBSITE or to any other internal page of the same, as long as the corresponding
pages appear in a complete winder and under the electronic addresses belonging
to the same.
The rights which are not expressly granted are reserved to VENTURMODA
S.A. or where appropriate to third party collaborators.
All commercial names, brand names or emblems, logos, symbols, mixed brands,
figurative or nominative which appear in this WEBSITE belong to VENTURMODA
S.A. or dispose of, with prior authorization, the right of use of the
same and are protected by the relevant legislation in force.

