LEGAL TEXT

GENERAL TERMS OF ACCESS AND USE

 

USERS that access and use this website know and agree to the general terms herein and the modifications that occur thereto. USERS should access these general terms periodically in order to remain aware of them. FESTINA-LOTUS S.A. reserves the right to modify, at any time, the presentation and configuration of the website as well as its Disclaimer.

ONE – THE COMPANY

FESTINA-LOTUS S.A. (hereinafter THE COMPANY) with Tax ID Number NIF A-08663684, with registered address at Plaza Isabel II, 5, 1º, 28013 Madrid (Spain), registered in the Companies Registry of Madrid in Book 0, Folio 51, Page M-515523, with contact telephone number: (34) 91 540 12 91 , fax: (34) 91 559 81 16, e-mail: info@festina.com

TWO – OBJECT OF THE WEBSITE, CONTENTS

THE COMPANY provides the public (hereinafter USERS) that access the domain WWW.FESTINA.COM (hereinafter website) information and data (hereinafter CONTENTS)

The aim of the website contents is to inform about and announce the activities, products and services provided by THE COMPANY. The contents are for informational purposes only and are not binding for THE COMPANY.

The language used by THE COMPANY on the website shall be Spanish, English, French, Italian and German, without prejudice to the use of other national or regional languages. THE COMPANY shall not be held liable for USERS´ comprehension or understanding of the language of the website nor for the consequences thereof.

THE COMPANY may modify the contents without prior notice, as well as eliminate or change contents within the website and change the way the contents are accessed, at its own free will and without justification whatsoever. THE COMPANY shall not be held liable for the consequences that such actions may cause to users.

THREE – ACCESSING THE WEBSITE

Users may access and use the website free of charge without prior authorisation, subscription or registration.

Access and use by USERS of this website does not imply any obligation whatsoever regarding the quality and speed of access provided by THE COMPANY, which may modify the terms of access or suspend access to the website or part of the website without prior notification. THE COMPANY may not be held liable for the consequences or damage caused as a result of modifying access to or suspending the website.

The hardware and software necessary to access website shall be the responsibility of the USERS. THE COMPANY shall be not responsible for the functioning or the consequences thereof, nor for the user rights or licences required for their use.

THE COMPANY shall also not be responsible for any anomaly, malfunctioning, deterioration or erasure of data or software that occur to the computers or systems of USERS as a direct or indirect consequence of accessing or attempting to access the website.

THE COMPANY reserves the right to interrupt access to the website and to interrupt the presentation of any or all of the Services that may be provided through the website, at any time and without prior notice, as a result of technical, security, control or maintenance reasons or due to electricity supply failures or to any other reason.

FOUR -INTELLECTUAL AND INDUSTRIAL PROPERTY.CONTENTS OF THE WEBSITE

THE COMPANY is the owner of all of the industrial and intellectual property rights of the website; all of the contents of the website, such as texts, graphics, photographs, logotypes, icons, images, graphic design, source code, applications, video, audio, etc. are owned exclusively by FESTINA or by third parties, whose rights are recognised by FESTINA, and are subject intellectual and industrial property rights recognised by national and international legislation in force.

Whatsoever use of the website or of its contents must be for personal use only. THE COMPANY has the exclusive right to any use that entails the copying, reproduction, distribution, transformation, public communication or any similar action of all or part of the contents of the website, as well as of this page; therefore, no USER may carry out these actions without prior authorisation in writing from THE COMPANY.

Infringing any of the aforementioned rights may constitute a violation of these provisions as well as an offence punishable according to Article 270 and subsequent articles of the Spanish Civil Code.

FIVE – users of the website

Users that access the website of THE COMPANY shall do so in accordance with the Law, and they agree at all times to not access the website or the contents thereof in a manner that is contrary to that established and/or for purposes that are illegal, that are harmful to the rights and liberties of third parties or that may damage, deteriorate, saturate or slow down the website to the detriment of THE COMPANY or of third party users.

The contents of the website are hereby prohibited from being used to promote, contract or disclose personal or third party advertising or information without the authorisation of THE COMPANY, nor may they be used to send advertising or information by using the services or information available to users, regardless of whether or not the use is free or not.

USERS shall access the website under their full responsibility; they may not hold THE COMPANY responsible for any consequence directly or indirectly derived from accessing the website, regardless of whether the consequence is physical, logical, moral or personal.

SIX – PRIVACY POLICY REGARDING THE PERSONAL DATA OF USERS

Pursuant to valid laws on the Protection of Personal Data, we hereby inform you that our website includes links to e-mail accounts and forms that you can use to contact our company. THE COMPANY will not use your personal data in ways not compatible with those that are stipulated in this clause or that are described at the foot of each form appearing on our website.

Use of this website means that you grant your express consent to THE COMPANY to process your personal data in order to make it possible to fully present the services that it provides and to manage the requests that you may make, such as, for example, to handle your request to include your CV in our database, to register you as a registered user of our website, to deal with you as a client or to handle your request for information. Sending a CV expressly authorises the company to give your complete personal data to those organisations that our hiring process management services contract.

Personal data of users that visit the website are not requested, except for the data that USERS provide voluntarily to THE COMPANY by e-mail.

USERS may exercise their rights to access, rectify, cancel and oppose the handling of their personal data by writing to FESTINA-LOTUS S.A. at the following address: Vía Layetana nº 20 4ª planta 08003 de Barcelona (Spain) or by writing to the following e-mail address: info@festina.com

By agreeing to this Privacy Policy, USERS expressly consent, notwithstanding their rights, to their data included in the aforementioned file being handed over or communicated to companies that are part of the FESTINA LOTUS SA GROUP.

THE COMPANY has cookies* installed on the website that are downloaded in users´ computers in order to facilitate the browsing of the website and enable statistics to be gathered by geographic areas.

SEVENABSENCE OF GUARANTEES AND RESPONSIBILITY

THE COMPANY shall in no way be held responsible if there are interruptions to the service or delays, errors or malfunctioning in the service or, in general, any other inconveniences that result from causes beyond the control of THE COMPANY and/or are due to fraudulent or negligent actions by users and/or arise out of Force Majeure. Force Majeure shall be deemed as including all of the events beyond the control of THE COMPANY, such as: failure of third parties, operators or service companies, acts of government, lack of access to networks of others, acts or omissions of Public Authorities, those events resulting from natural phenomena, blackouts, etc. and the attack of hackers or third parties specialising in the security or integrity of the system, provided that THE COMPANY has taken all security measures at its disposal in accordance with the state of technology. In any event, regardless of the cause, THE COMPANY does not assume any responsibility whatsoever for direct or indirect damages and/or loss of profits.

THE COMPANY may not be held liable in any way for damages of any kind that may arise due to the lack of truthfulness, accuracy, completeness and/or timeliness of the data stored, disseminated, received or made available or that has been accessed through the website. THE COMPANY shall attempt to the extent possible to update and rectify information that is hosted on its website that does not comply with the minimum guarantees of accuracy. Nonetheless, it shall not be held liable if it is not updated or rectified or for the contents and information contained therein.

THE COMPANY is not responsible for the reliability and speed of hyperlinks that are incorporated into the website and that open to other websites. THE COMPANY does not guarantee the usefulness of these links, nor does it assume responsibility for the contents or services that USERS can access through these links or for the proper functioning of these websites

THE COMPANY shall not be liable for viruses or other computer programmes that damage or can damage the systems or computers of users upon accessing the website of THE COMPANY or the website of third parties that have been accessed through a link. THE COMPANY may hold users responsible for using the website improperly, for causing damage or injury to third persons and for the possible viruses or computer programmes that they may introduce, generate or host on the website and that damage or can damage both the contents as well as the proper functioning of the website, as well as the computers, systems and programmes of the users of the website.

VII.APPLICABLE LAW AND COMPETENT JURISDICTION

In the event that a discrepancy or controversy should arise as a result of the interpretation, application, enforcement, etc. of these terms of use, THE COMPANY and the users shall expressly waive any jurisdiction that may apply to them and submit to the jurisdiction of the Courts and Tribunals of Barcelona (Spain).