LEGAL NOTICE

In accordance with the requirements of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), VISUALGEST SOFTWARE S.L. provides the following information:

WEBSITE OWNER

The owner of this website is VISUALGEST SOFTWARE S.L. (hereinafter VISUALGEST), with Tax ID (CIF) B63819049, trading name VISUALGEST, and registered office at Carrer de Galileu 234, Terrassa, 08224 Barcelona.

The company’s contact email address is info@visualgest.com.

VISUALGEST is registered with the Barcelona Companies Register, in volume 37495, page 145, sheet 301111, entry number 3.

This information governs the terms of use, limitations of liability, and obligations of users of the website published under the domain name www.visualgest.com, which users accept and agree to comply with.

PURPOSE

Through this website, VISUALGEST offers its services in order to meet the needs of its users, providing them access to and use of our services and guiding them through the steps to follow when browsing the site.

TERMS OF USE

Use of the website grants user status and implies acceptance of the terms of this legal notice, privacy policy, and terms of use; if the user does not agree, they must refrain from using the site. The user is required and undertakes to use the site and its content in accordance with applicable law, this Legal Notice, and any other notice on this site, as well as generally accepted standards of conduct, morality, and good customs.

The User undertakes not to transmit, disseminate, or make available to third parties any content on the Site — such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, links, graphic design, and source code, or any other material accessed in their capacity as a Site User — this list not being exhaustive.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All trademarks, trade names, or distinctive signs of any kind appearing on the site are the property of VISUALGEST or, where applicable, of third parties who have authorized their use. Use of or access to the portal and/or its contents shall not be understood to grant the user any right over said trademarks, trade names, and/or distinctive signs, nor shall any exploitation rights existing or that may exist over such content be understood as transferred to the user. Their use is not granted or authorized to site users under any circumstances, unless such rights are obtained in writing from their legitimate owner.

LINKING POLICY

If an internet user creates a link from their own website to VISUALGEST’s website, the link may only lead to the latter’s main page and may not reproduce it in any way. If the Website’s content is displayed alongside content not belonging to it, that external content must not mislead, confuse, or deceive Users as to the origin of the content, nor constitute an act of unfair comparison or imitation, or take unfair advantage of VISUALGEST’s reputation.

The site establishing the link shall not make any false or inaccurate statements about VISUALGEST, its associated companies, collaborators, or employees, nor shall it state that it has VISUALGEST’s consent to insert the link, or that VISUALGEST has any relationship or collaboration with that site.

Except where permitted by law or expressly authorized by VISUALGEST, whenever a direct link to its Website is permitted, the use of any VISUALGEST trademark or other distinctive sign on the page containing the link is prohibited, unless expressly authorized.

The page establishing the link must comply with the law and must not contain or link to content that is illegal or contrary to morality and good customs.

For its part, the Website itself includes technical linking devices that allow Users to access other internet pages and portals, with VISUALGEST acting as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce. As such, VISUALGEST will only be liable for the content and services provided on linked sites if, having gained actual knowledge in the manner established by the Information Society Services Law of their unlawfulness, it has failed to disable the link.

The existence of linked sites does not imply any agreement with those responsible for or owning them, and VISUALGEST is not liable for damages arising from the unlawfulness, quality, outdatedness, unavailability, errors, or uselessness of the content of such sites, as it has no knowledge of them. In any case, if a User becomes aware that linked sites lead to pages whose content or services are unlawful or contrary to morality, they must notify VISUALGEST.

For this purpose, the email address dpd@octalia.es is made available. Users must report: name, address, telephone number, and email address; a description of the alleged unlawful activity carried out on the Portal; and the facts or circumstances revealing the unlawful nature of said activity.

USE OF VISUALGEST’S OFFICIAL SOCIAL MEDIA ACCOUNTS

The service provider for VISUALGEST’s official social media pages is the entity VISUALGEST, with Tax ID (CIF) B63819049 and registered office at Carrer de Galileu 234, Terrassa, 08224 Barcelona, which is also the address for notifications.

Access to and use of these pages requires acceptance of the general terms of use for social media and the privacy policy detailed below, supplemented by the policies and rules of each social media platform.

For any inquiries or to contact VISUALGEST, users may do so by phone or at the following email address: dpd@octalia.es.

Terms of use for VISUALGEST’s official social media page

Please read these terms of use carefully, as they contain all the information regarding your rights and obligations as a user of VISUALGEST’s official social media page.

Once a user has joined VISUALGEST’s page, they may post comments, links, images or photographs, or any other type of multimedia content supported by the Social Network. In all cases, the user must be the owner of such content, hold the corresponding copyright and intellectual property rights, or have the consent of any affected third parties. Any publication on the page — whether text, graphics, photographs, videos, etc. — that violates or is likely to violate morality, ethics, good taste, or decency, and/or that infringes, violates, or breaches intellectual or industrial property rights, the right to one’s image, or the law, is expressly prohibited. In such cases, VISUALGEST reserves the right to immediately remove the content and may request the permanent blocking of the user.

VISUALGEST shall not be liable for content freely published by a user.

Users must bear in mind that their posts will be seen by other users, and they are therefore primarily responsible for their own privacy.

Images published on the page will not be stored in any file by VISUALGEST, but will remain on the Social Network.

Contests and promotions

VISUALGEST reserves the right to run contests and promotions in which users who have joined its page may participate. The rules for each of these, when the Social Network platform is used, will be published there, always complying with the LSSI-CE and any other applicable regulations.

The Social Network does not sponsor, endorse, or administer any of our promotions in any way, nor is it associated with them.

Advertising

VISUALGEST will use the Social Network to advertise its products and services. If it decides to process users’ contact details for direct commercial prospecting, it will always do so in compliance with the legal requirements of the GDPR and the LSSI-CE.

Recommending VISUALGEST’s page to other users so that they too can enjoy the promotions or stay informed about its activity will not be considered advertising.

Below are links to the privacy policy of each Social Network:

Users are required to make reasonable use of VISUALGEST’s official social media page and its content, in accordance with the purposes for which it is intended, following customary practices, morality, applicable law, these rules, and the rules and policies published by the social networks. Users are solely responsible for any information, images, opinions, references, or content of any kind that they communicate, host, transmit, make available, or display through VISUALGEST’s official social media page.

VISUALGEST cannot be considered editorially responsible for content published by users and expressly declares that it does not identify with any opinions users post on VISUALGEST’s official social media page, the consequences of which are entirely the responsibility of the person who posted them.

In all cases, use of VISUALGEST’s official social media page for illegal or unauthorized purposes, whether or not for economic gain, is prohibited.

DISCLAIMER OF LIABILITY

VISUALGEST’s Website includes content about its activities, products, structure, management, and teams, typical of a corporate website. VISUALGEST excludes any liability for damages of any kind that may arise from access to the content, information, advertising, options, concepts, and images provided to users.

In any case, VISUALGEST is not responsible for:

  • Improper use of the Website by the user.
  • The continuity of the Website’s content.
  • The absence of viruses and/or other harmful components on the Website or on the server that hosts it, whether in relation to users viewing the content or downloading it.
  • Content and services provided by other Websites accessible from internet addresses owned by VISUALGEST.
  • The greater or lesser performance of the content hosted on the Website.
  • Damages caused by any person, whether to themselves or to third parties, as a result of infringing the terms, rules, and instructions established by VISUALGEST on this Website.
  • Damages caused by breaches of the security systems of VISUALGEST’s Website.
  • The malfunction of software or plug-ins (which may be downloaded via the link provided for that purpose) that may be necessary to view or listen to certain content hosted on this Website.
  • Any action taken in relation to the infringement of third-party rights, especially regarding image rights or intellectual or industrial property.
  • The editing, review, censorship, and verification of the content of pages or Internet Sites to which the user connects through the search engine or hyperlinks included on VISUALGEST’s Website.

Disclaimer of liability for the operation of the Website

VISUALGEST provides its services and content on an ongoing basis, using all technical means available to provide this service satisfactorily.

VISUALGEST may, whenever it deems appropriate, make corrections, improvements, or modifications to the information contained on its Website, without this giving rise to any right of claim or compensation, or implying any acknowledgment of liability.

VISUALGEST is not liable for damages of any kind that may arise from the availability and technical continuity of its Website’s operation. In any case, VISUALGEST will carry out all necessary actions to restore its services in the event of technical failure.

GOVERNING LAW AND JURISDICTION

VISUALGEST reserves the right to bring whatever civil or criminal actions it deems appropriate for improper use of its website and content, or for breach of these terms.

In the event of any discrepancy between the provisions of this Legal Notice and the Specific Terms of any particular service, the latter shall prevail.

Should any provision or provisions contained in this Legal Notice be declared null or unenforceable, in whole or in part, by any competent Court, Tribunal, or administrative body, such nullity or unenforceability shall not affect the remaining provisions of this Legal Notice or the Specific Terms of the various services on this Website.

Failure by VISUALGEST to exercise or enforce any right or provision contained in these General Terms shall not constitute a waiver thereof, except by written acknowledgment and agreement on its part.

The relationship between the user and the provider shall be governed by the regulations in force and applicable in Spanish territory. In the event of any dispute, the parties may submit their conflicts to arbitration or to the ordinary courts, in compliance with the applicable jurisdiction and competence rules. VISUALGEST has its registered office in Terrassa, Spain.