Disclaimer – We protect your data.
www.smartycontent.com, www.smartycenter.com and www.ismarty.tv in compliance with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, informs you that:
The services rendered by SMARTYCONTENT include the sale of products, services and programmes on an online platform. This legal notice (hereinafter the "Disclaimer") regulates the use of the following websites: www.smartycontent.com, www.smartycenter.com and www.ismarty.tv
By accessing and/or using this website, the User hereby accepts this Disclaimer and the eventual supplemental General Contracting Conditions, fully and without reservation, in relation to certain services and contents on these websites.
Generally speaking, the relationship between SMARTYCONTENT (hereinafter, “the smartycontent, smartyCenter and ismarty.tv websites”) and the Users of the electronic services available on this website are governed by Spanish legislation and jurisdiction.
LEGAL INFORMATION AND ACCEPTANCE
Users of the smartycontent, smartyCenter and ismarty.tv websites are obligated to use the smartycontent, smartyCenter and ismarty.tv websites correctly, in accordance with the law and this Disclaimer. Users who violate the law or the terms of this Disclaimer are liable to SMARTYCONTENT or third parties for any damages caused as a consequence of violating their obligations.
The use of the smartycontent, smartyCenter and ismarty.tv websites for purposes that are harmful to the property or interests of SMARTYCONTENT or that otherwise overload, damage or render the networks, servers and/or hardware or software of SMARTYCONTENT or third parties unusable are strictly prohibited.
The Users of smartycontent, smartyCenter and ismarty.tv websites undertake to use the Content in accordance with the law and this Disclaimer, as well as the other General Contracting Conditions, regulations and instructions which may apply to certain services according to the provisions of clause 1.
The use of the website for illegal or harmful purposes or which could damage or impede the normal operation of the websites in any way is prohibited.
Among other things, Users must abstain from:
- Reproducing, copying, distributing, providing, publicly communicating, transforming or modifying the contents, except as permitted by law or expressly allowed by SMARTYCONTENT or whomever holds the ownership rights to their use.
- Any violation of the rights of the provider or other legitimate owners.
2.3. Data collection forms
The provisions of clause 6 of this Disclaimer and related Data Protection Policy notwithstanding, the use of certain services or applications is contingent upon the User becoming a registered User.
All information provided by the User on the forms available on the smartycontent, smartyCenter and ismarty.tv websites for the purposes mentioned above or for any other purpose must be true. To this end, the User guarantees the authenticity of all data provided and undertakes to keep the information up to date so that it reflects the actual situation of the User at all times. In any event, the User is solely responsible for any false or inaccurate statement made and for the damages caused to SMARTYCONTENT or third parties by the information provided.
Additionally, by filling in the forms, Users declare that they are older than 14 years of age.
2.4. Introduction of links to smartycontent, smartyCenter and ismarty.tv websites
Internet Users or providers of information society services who wish to introduce links on their own websites to the smartycontent, smartyCenter and ismarty.tv websites must meet the conditions set out below:
- The link will only connect to the home page or main page of the smartycontent, smartyCenter or ismarty.tv websites but must not reproduce them in any way (inline links, copying text, graphics, etc). Web 2.0 type interaction systems offered on the smartycontent, smartyCenter and ismarty.tv websites to link with them from social networks are excluded from the above. Also excluded from the above is the inclusion of SMARTYCONTENT products, contents, services or programmes consisting of windows devices or widgets, as long as they are embedded in the Users' websites in accordance with the pertinent General Contracting Conditions.
- Pursuant to the terms of the laws in force at any given time, it is prohibited to create frames of any kind which englobe the smartycontent, smartyCenter and ismarty.tv websites or which allow the contents to be viewed from Internet addresses other than those of the smartycontent, smartyCenter and ismarty.tv websites or which, when viewed jointly with contents unrelated to the smartycontent, smartyCenter and ismarty.tv websites: (i) cause or may cause confusion or mislead Users about the true origin of the service or content; (ii) involve an unfair comparison or imitation; (iii) exploit the reputation and prestige of the SMARTYCONTENT brand or (iv) is otherwise prohibited by the laws in force. One exception to the above is when SMARTYCONTENT products, services or programmes consisting of windows devices and widgets are embedded in Users' websites in accordance with the respective General Contracting Conditions.
- No false, inaccurate or incorrect statements about SMARTYCONTENT, its partners, employees or members or the quality of the services offered to Users will be made on the website containing the link.
- Under no circumstances will it be stated on the website containing the link that SMARTYCONTENT has consented to the inclusion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the website's services. One exception to the above is when SMARTYCONTENT products, services or programmes consisting of windows devices or widgets are embedded in Users' websites in accordance with the respective General Contracting Conditions.
The use of any trade name, graphic or other distinctive mark of SMARTYCONTENT is prohibited except as allowed by law or expressly authorised by SMARTYCONTENT. Where permitted, there must be a direct link to the smartycontent, smartyCenter and ismarty.tv websites in the manner described in this clause. An exception to the above is when SMARTYCONTENT products, services or programmes consisting of windows devices or widgets are embedded in the websites by default without making any changes and in accordance with the General Contracting Conditions.
- The page containing the link must abide by the law and may not under any circumstances provide links to its own contents or those of third parties which: (i) are unlawful, immoral or indecent (pornographic, violent, racist, etc.); (ii) lead or could lead the User to the false impression that SMARTYCONTENT supports the ideas, statements or expressions - lawful or unlawful - of the sender; (iii) are inappropriate or irrelevant to SMARTYCONTENT's activities in terms of the location, content and subject matter of the sender's website.
3. EXCLUSION OF LIABILITY
3.1. Service Quality
Access to smartycontent, smartyCenter and ismarty.tv websites does not imply any obligation on the part of SMARTYCONTENT to guarantee the absence of viruses, worms or any other malicious third party software ("malicious software" or "malware") while browsing the website. It is up to Users to ensure that they have adequate tools available to detect and eliminate malicious software.
Information on free tools for detecting malicious software such as viruses, Trojans, etc. is available on the INTECO website: http://cert.inteco.es/software/Proteccion/utiles_gratuitos/
SMARTYCONTENT is not liable for damages to the computers of Users or third parties caused by third party actions during the provision of the service through the smartycontent, smartyCenter and ismarty.tv websites.
3.2. Service Availability
Accessing the smartycontent, smartyCenter and ismarty.tv websites requires the services of third parties, including transport through telecommunications networks whose reliability, quality, safety, continuity and operation do not depend on SMARTYCONTENT. Consequently, the services provided through the smartycontent, smartyCenter and ismarty.tv websites may be suspended, cancelled or unavailable prior to or simultaneously with the provision of the service on the smartycontent, smartyCenter and ismarty.tv websites, without prior notice from SMARTYCONTENT. The above notwithstanding, if for any reason SMARTYCONTENT were to permanently cease providing the services on the smartycontent, smartyCenter and ismarty.tv websites, SMARTYCONTENT would make every effort to notify registered Users accordingly.
SMARTYCONTENT is not liable for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the service rendered on smartycontent, smartyCenter and ismarty.tv websites before or during the service.
3.3. Contents and services linked on the smartycontent, smartyCenter and ismarty.tv websites.
The smartycontent, smartyCenter and ismarty.tv websites (hereinafter, the “Linked Sites”) may include links that allow Users to access other websites. In these cases, SMARTYCONTENT acts as a provider of mediation services pursuant to Article 17 of Law 34/2002 of July 11 on Information Society Services and Electronic Commerce ("LSSI") and will only be liable for the contents and services supplied on the Linked Sites to the extent it is fully aware of their illegality and fails to deactivate the link with due diligence. If the User believes that there is a Linked Site with illegal or inappropriate content, the User may inform SMARTYCONTENT following the procedures specified in clause 7 of this Disclaimer, although such notices do not entail an obligation to remove the link in question.
Under no circumstances does the existence of Linked Sites presuppose the existence of agreements with the owners or administrators of those sites or any recommendation, promotion or identification by SMARTYCONTENT with the statements, contents or services they contain.
SMARTYCONTENT is not familiar with the contents and services of the Linked Websites and is therefore not liable for damages caused by the illegality, quality, obsolescence, unavailability, error or inability to use the contents and/or services of the Linked Sites or any other damages not directly ascribable to SMARTYCONTENT for their own services.
4. NOTIFICATION OF ILLEGAL OR INAPPROPRIATE THIRD PARTY SERVICES OR ACTIVITIES
If a Registered User or any other Internet User becomes aware of a Linked Site or any other third party service facilitated by SMARTYCONTENT (e.g. User comments, where allowed, etc.) whose contents are unlawful, harmful, degrading, violent or immoral, or the Users themselves are posting this kind of information on the smartycontent, smartyCenter and ismarty.tv websites, you are asked to contact SMARTYCONTENT and provide the following information:
- A description of the illegal or inappropriate nature of the Linked Site;
- In the case of a violation of rights such as intellectual property rights or others which cannot be deduced by SMARTYCONTENT, the personal data of the holder of the violated rights, when it is someone other than the person making the report, and documentation showing that the person is authorised to act on behalf of the holder of the right, when it is someone other than the person making the report. In these cases, documentation must also be provided which proves the existence of the affected legal right or property;
- A statement to the effect that the information contained in the report is accurate.
Pursuant to the terms of LSSI, the reception by SMARTYCONTENT of the communications described in this clause does not presuppose any actual knowledge of the activities and/or contents indicated by the person making the report.
5. DATA PROTECTION AND NON-DISCLOSURE
When using the data included in the file, SMARTYCONTENT undertakes to respect the confidentiality of the information and use it in accordance with the intended purpose, and to comply with its obligation to safeguard the information and take measures to prevent it from being altered, processed, lost or accessed by unauthorised persons, in accordance with the provisions of Royal Decree 1720/2007 of 21 December which approved the implementing regulation of Law 15/1999 of 13 December on the Protection of Personal Data.
The User guarantees that the personal information data provided on the forms is truthful and is obligated to report any changes thereto. Likewise, the User guarantees that all of the information is accurate and up to date and reflects the User's current situation. In addition, the User agrees to keep his or her information updated at all times and is solely responsible for providing false or inaccurate data and for the damages this could cause to SMARTYCONTENT as the owner of the smartycontent, smartyCenter and ismarty.tv websites or to third parties.
At the time of registration, the User can request to receive information via email about promotions and news related to the SMARTYCONTENT brand by checking the box provided for this purpose.
Users have access to their own private profiles and may modify, edit or delete the information at any time. They may also unsubscribe directly or by writing to firstname.lastname@example.org or by writing to the owner of the smartycontent, smartyCenter and ismarty.tv websites along with a copy of their ID card or equivalent form of ID.
Please be advised that with regard to the collected data you have certain rights under Law 15/1999 to access, rectify, cancel or oppose the data. You are hereby informed that you may exercise those rights by sending a signed, written request, along with a photocopy of your ID card or equivalent form of identification, to SMARTYCONTENT Castillo de Fuensaldaña, número 4, 28232 Las Rozas, Madrid.