Thursday, July 16, 2020

Legal Notice

Legal notice

To comply with the provisions of Law 34/2002, dated 11 July, governing Information Society Services and E-Commerce, we set out below the general information data about our website www.brainsre.news (hereinafter, the “Website”).

The owner of the Website is Brainsre, SL (hereinafter, “Brainsre”). All of the industrial and intellectual property rights associated with the Website and its content (texts, images, sound, audio, video, designs, creative artworks, software) belong to Brainsre, or, where appropriate, to third parties.

Brainsre SL, with CIF number B-88564364, has its registered offices on Calle Almagro, 3, planta 4ª derecha in Madrid, and is registered in the Mercantile Registry of Madrid in volume 40142, folio 40, inscription 1. Its email address is info@brainsre.com.

General conditions

The use of the services that can be accessed through the Website are subject to the general conditions contained herein. These general conditions regulate the use of the services that Brainsre SL makes available to users of the Website brainsre.com.

The use of the services and access to the Website attributes the condition of user (hereinafter, “User”) and implies the acceptance of the latest version of the general conditions published by brainsre.com at the time that the user accesses them.

For the purposes of this Website, a User is understood as any natural or legal person who accesses or browses the Website. The condition of User implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. Access to the Website also implies that the User accepts that this information applies to all subsequent visits to this Website and that such subsequent visits are subject to waivers, risk warnings and other information included herein.

The information contained on the Website refers to the services offered by Brainsre in accordance with the legislation in force in Spain. The information contained on the Website is for illustrative and informational purposes only, and in no way constitutes any obligation for Users.

This Legal Notice regulates access to and use of the Website by Users and will be complemented by any other legal texts that regulate any functionality, service, process, application, platform or means necessary for the use of the Website or of the services described.

The User will be liable to Brainsre or to third parties for any damage or harm that may be caused as a result of a breach of the obligations set forth in this Legal Notice.

Purpose and scope

The purpose of the Website is to offer Users information about the services of Brainsre.

To this end, Brainsre grants a non-exclusive, non-sublicensable, non-transferable licence to Users for the use of the Website and its functionalities, content and other available functions, which shall be subject to the rest of the Legal Notice on the Website and to the applicable legislation.

Intellectual property

[The User recognises and accepts that the use of the Website does not imply the transmission of any intellectual or industrial property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how or other rights over the Website; nor does it constitute any kind of authorisation for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable and free licence-use granted to the Users of the Website in accordance with this Legal Notice.]

Without contravening the provisions of the previous paragraph, the User expresses their agreement that all of the content submitted to Brainsre will be open and free in nature. Therefore, the User grants Brainsre a non-exclusive and free (including any moral right or any other right) licence for everyone to use, display, reproduce, modify, adapt, publish, distribute, represent, promote, archive, translate and create compilations or derivative works of the content that the User submits to Brainsre, in whole or in part, for the entire duration of the rights.

This licence will apply to any route, means or technology that is known or developed in the future. The User guarantees that they have all of the legal moral and any other rights that may be necessary to grant Brainsre the licence specified in this section. Likewise, the User acknowledges and accepts that Brainsre has the right (but not the obligation) to refuse to publish or to prevent access to any content sent to it by the User at any time and for any reason, regardless of whether it notifies them.

Limitations and exclusions of liability

Brainsre provides access to all types of information, services and data on the Internet that may belong to third parties, in which case Brainsre shall not be responsible for such content or for any claims that arise in relation to the quality, reliability, accuracy or correctness of it.

Brainsre does not guarantee the availability or continuity of the operation of the services and may temporarily or definitively suspend any service at any time.

Brainsre shall not be responsible for the fact that Users may effectively access other websites or possible areas of participation or forums on the Website. Brainsre shall not be responsible for information, data or content disseminated or made available by third parties on the Website to which the Users may have access.

In the event that links or hyperlinks to other places on the Internet are available on the Website, Brainsre shall not exercise any control whatsoever over those places or content.

Under no circumstances shall Brainsre assume any responsibility for the contents of any link belonging to a third-party website, or guarantee the technical availability, quality, reliability, accuracy, range, veracity, validity or constitutionality of any material or information contained in hyperlinks or other places on the Internet.

Meanwhile, the User undertakes to make appropriate use of the content and services that Brainsre offers on its Website and to not use them to engage in illegal activities or contrary to good faith and legal order; or to disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, terrorism-supporting nature, or that threatens human rights; or to provoke harm to the physical, logical and IT systems of Brainsre, its suppliers or third parties; or to introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.

Brainsre does not guarantee that the Website and its server are free from viruses nor shall it be held responsible for possible damage or harm that may result from interference, omissions, interruptions, IT viruses, telephone faults or disconnections in the operational functioning of the electronic system, caused by factors external to Brainsre, from delays or blockages in the use of this electronic system caused by deficiencies in telephone lines or overloads to the Internet system or other electronic systems, as well as damage that may be caused by third parties through illegitimate interference beyond the control of Brainsre.

Users and participation

The User expressly accepts and authorises Brainsre to distribute the comments or opinions that they make in any of the services in accordance with these terms and conditions.

Brainsre may make certain services available to Users which can only be accessed by registering on the Website. The User must complete the registration process providing all of the mandatory data requested, although they may be required to provide additional data at any time. Minors must obtain consent from their legal guardian.

The User undertakes to make the correct use of their password and username in the event that those are assigned by Brainsre. The User shall be responsible for all of the actions that are made with their password and username, including the responsibility for choosing passwords considered to be robust. The User undertakes to close their session at the end of use.

Brainsre reserves the right to cancel registrations that remain inactive for a reasonable period of time and the User hereby accepts and acknowledges this. The User may cancel their registration and password at any time as determined by these conditions. Brainsre may also cancel the registration of a user for inappropriate use of the services provided and especially of the forums and comments sections.

Brainsre does not guarantee that Users use the services of the Website in accordance with these general conditions, or that they do so diligently. Furthermore, Brainsre has no obligation to certify the identity of Users, nor the veracity, validity, completeness or authenticity of the data that the Users provide about themselves to other Users or to Brainsre.

Notwithstanding the provisions of the preceding paragraph, Brainsre shall maintain the data and information that the governing legislation requires of it and shall control, within the diligence that is required of it by the current legislation and to the extent that it has effective knowledge thereof, the uses that are made and that are contrary to these conditions.

Brainsre reserves the right to make the modifications that it deems appropriate on the Website, without prior notice, and may change, delete or add both content and services it provides, as well as the way in which they are presented or positioned. The use of the Website implies the acceptance of each one of the conditions included in this Legal Notice, and therefore, it is necessary that it is read carefully.

Brainsre shall pursue any breach of the above conditions, as well as any improper use of the contents presented on the Website, exercising all civil and criminal actions that may correspond to it by law.

Data protection

In relation to the services made available to Users through prior registration, all data is maintained in the utmost privacy, in accordance with current legislation. Brainsre collects various information from Users, which is not always provided directly by the Users who access, register themselves and interact on the website (hereinafter, “Personal data”).

Brainsre, as the responsible party, shall treat the Personal Data of Users in order to provide, customise, develop and, ultimately, improve the provision of the services offered on the Website. The legal basis for performing such treatment is the legitimate interest of Brainsre to offer services on the Website. Likewise, when the User provides personal data, for example, by filling in a form, the legal basis shall be the consent granted by the User.

Brainsre shall retain most of the Personal Data for as long as necessary to fulfil the purposes indicated above. Once those purposes have been fulfilled, Brainsre shall maintain the Personal Data, blocked, to the extent that responsibilities can be derived for Brainsre or in any other way that is legally required.

The Users guarantee that the Personal Data provided is true and accurate and they undertake to notify any changes or modifications. They shall be responsible for any loss or damage caused to the Website, Brainsre or any third party from the communication of erroneous, inaccurate or incomplete information.

Brainsre is concerned with the security and protection of the Personal Data of its Users and tries to prevent any security failures that may occur.

For these purposes, Brainsre adopts and applies the technical and organisational measures necessary to guarantee the confidentiality, integrity and security of the data of a personal nature, and to prevent its loss, alteration, treatment and unauthorised access, taking into account the state of the technology and the nature of the data stored. In addition, Brainsre regularly monitors its systems to detect possible vulnerabilities and attacks.

Nevertheless, Users should be aware that Internet security is not invulnerable and that there is no guarantee that the data cannot be accessed, disclosed, altered or destroyed if there is a leak in any of the security measures installed.

The User may, at any time, exercise the rights of access, rectification, deletion, opposition, treatment limitation and portability of their data by means of a written notification addressed to info@brainsre.com.

  • Access to data. Users may access their Personal Data at any time and request information regarding the processing of their data.
  • Rectification of the data. Users shall be entitled to request the rectification of any Personal Data that is inaccurate or incomplete.
  • Limitation of data processing. Users shall have the right to request the limitation of the processing of their Personal Data when so legally established.
  • Opposition to treatment. Users may oppose the treatment of their Personal Data when so legally established.
  • Portability of data. Users shall have the right to receive their Personal Data in a structured, commonly-used and machine-readable format, and to transmit it to another data controller.
  • Withdrawal of consent. Users may withdraw the consent given at any time. The withdrawal of consent does not affect the lawfulness of the treatment based on the consent prior to its withdrawal.

In the event that it is necessary for the unequivocal identification of the User, Brainsre may request that the User provides a copy of their DNI, passport or other valid identification document, in those cases that are legally established.

In any case, Users may also file a claim with the competent control authority.

Likewise, the User shall be informed about the automated treatment to which all their personal data to which Brainsre has access will be subjected as a result of the request, use, contracting of any product or service or of any transaction or operation carried out by the User, for product marketing purposes or for the provision of Brainsre services, as well as for the maintenance of any relationship, be it contractual or otherwise.

Competent jurisdiction

Any possible conflicts relating to this Website shall be governed exclusively by Spanish legislation, with the courts of Madrid being the only competent ones for these purposes. All users of the Website, regardless of the territorial jurisdiction from which they access the site, accept to comply with and respect this clause, expressly waiving any other jurisdiction that may correspond to them.