Legal Notice

1. The Controller

In compliance with the provisions of Law 34/2002, of July 11, on information society services and electronic commerce, users of the website https://bator.tech and all the web pages that comprise it (hereinafter, “WEBSITE”) are hereby informed of the following general information:

❖ The provider of information society services on the website is the commercial company BATOR MANAGEMENT SL (hereinafter, “THE CONTROLLER”).

❖ The registered office of “THE CONTROLLER” is located at: C/ Luxemburg, 18-20 – 8520 – Les Franqueses del Vallès (Barcelona)

❖ “THE CONTROLLER” is provided with the CIF: B67515734.

❖ Users of the website can establish direct and effective communication by written communication at the company’s declared registered office, or through the following means:

o Telephone: 93 021 68 66
o Email: info@bator.tech

The use of the means described above to communicate with “THE CONTROLLER” implies that the user consents to the processing of his/her data for the processing of queries raised by “THE CONTROLLER”.

De acuerdo con lo que establece el artículo 13 del Reglamento (UE) 2016/679, de 27 de abril de 2016 relativo a la protección de las personas físicas en cuanto al tratamiento de datos personales y su libre circulación, las datos serán tratados por parte de “EL RESPONSABLE” como responsable de éstos.

In accordance with the provisions of article 13 of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and their free circulation, the data will be processed by “THE CONTROLLER” as the controller of the data.

The data will not be transferred to third parties unless required by court order or by the State security forces and bodies.

The rights of access, rectification, deletion, limitation or opposition, as well as the right to data portability, may be exercised by writing to “THE CONTROLLER” through the email address: info@bator.tech

If you consider that the processing does not comply with current regulations, you may file a claim with the supervisory authority.

2. General Conditions of Use

These general conditions of use regulate access to and use of the “WEBSITE” and all web pages that comprise it (hereinafter, the website) and which “THE CONTROLLER” makes available to its clients and Internet users (hereinafter, “USERS”).

Use of the website implies the user’s acceptance, without reservation, of all the general conditions in force at the time of accessing the website. If the user does not agree with any of the conditions presented below, the user must refrain from using the services provided by “THE CONTROLLER” through the website.

“THE CONTROLLER” shall not be liable, either indirectly or subsidiarily, for damages of any kind arising from use of the website contrary to that provided for in these terms of use.

Likewise, “THE CONTROLLER” reserves the right to modify these general conditions, as well as their configuration, location and any other general or specific terms, regulations of use, instructions or applicable notices, at any time and without prior notice. In addition, “THE CONTROLLER” reserves the right to suspend, interrupt or stop operating the website at any time.

2.1. Object

Through the website, “THE CONTROLLER” presents users with various assets, including, among others, data, information, distinctive signs, products (hereinafter, “CONTENTS”), so the user’s right is limited to accessing the contents and using them under the terms provided in these general conditions.

2.2. Conditions of access and use of the website

2.2.1. Access to and use of the website

sers of the website must use the contents in a lawful and responsible manner, in accordance with the user obligations presented below.

However, access to the website or the contents included therein does not imply any type of guarantee regarding the suitability of the website or its contents for particular or specific purposes of the users.

“THE CONTROLLER” may establish additional limitations or conditions for using the website and its contents or accessing them. The user is responsible for consulting these limitations or general conditions.

2.2.2. Authorized use of the website and contents

2.2.2.1. User Obligations

The user undertakes to comply with these general conditions, as well as any special warnings or additional instructions contained on the website, and to always act in accordance with current legislation. The user also undertakes to act in accordance with good customs and the requirements of good faith. Thus, the user shall refrain from using the website in a way that may impede, damage or impair its normal operation or the property or rights of “THE CONTROLLER”, its suppliers, other users and, in general, any third party.

Specifically, and without any restriction being inferred from the obligation assumed by the user in general in accordance with the previous section, the user, when using the website, undertakes to:

❖ Not to introduce, store or distribute, on or from the website, information that is defamatory, insulting, obscene, threatening or xenophobic; that incites violence or discrimination based on race, sex, ideology or religion or that, in any way, violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, violates current regulations;

❖ Not to introduce, store or distribute, on or from the website, content that infringes the rules of intellectual or industrial property or third party rights, the confidentiality of communications and legislation on the protection of personal data;

❖ Not to introduce, store or distribute, through the website, computer programs, data, viruses, codes, hardware or telecommunications equipment or other electronic or physical instruments or devices that may cause damage to the website, the services or the equipment, systems or networks of “THE CONTROLLER” or of the users and suppliers of “THE CONTROLLER” or of third parties in general, or that may prevent the operation of these services, equipment, systems or networks;

❖ Not to destroy, alter, render useless or damage the data, information, programs or electronic documents displayed or included on the website and belonging to “THE CONTROLLER”, its suppliers or third parties;

❖ Not to carry out spamming, advertising, promotional activities or activities consisting of the commercial exploitation of the website; therefore, you may not use the contents or, in particular, the information obtained through the website to send advertising, send messages for direct sales or other commercial purposes or collect or store personal data. In addition, the user must refrain from:

❖ Use deep-links, pagescrape, robots, spiders or other automatic devices, programs, algorithms, methodologies or similar manual processes to access the Site or to acquire, copy or monitor any part of the Site or the Content to obtain or attempt to obtain any materials, documents or information not available through the Site;

❖ Probe, scan or test the vulnerabilities of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website;

❖ Track or search data of users, visitors to the website or other clients of “THE CONTROLLER”, including the accounts of other users; exploit in any way the website or any other service or information available or offered through it, with the purpose of revealing information, including, among others, personal identification or information other than that provided by the website;

❖ Carry out actions that cause a disproportionate or unnecessary saturation of the infrastructure of the website or the systems or networks of “THE CONTROLLER” or the systems and networks connected to the website or to “THE CONTROLLER”.

2.3. Intellectual and industrial property rights

All content displayed on the website, including, but not limited to, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, newspaper articles or other intangible assets protected by industrial and intellectual property regulations are subject to the industrial and intellectual property rights of “THE CONTROLLER” or third parties who own them and have duly authorized their inclusion on the website.

Access to the website by the user shall not be understood in any case as granting any license in favor of the user or as giving rise to any waiver, transfer or assignment of all or part of the aforementioned rights, nor is any right of exploitation conferred over the assets, unless there is express authorization stated in writing by the owner(s) of the corresponding rights.

If the presence of content on the website that may infringe intellectual and industrial property rights is detected, we ask that you notify “THE CONTROLLER” as soon as possible by sending an email to “THE CONTROLLER”, so that we can act diligently and take appropriate measures.

2.4. Disclaimer of warranties and liability

2.4.1. Disclaimer of warranties and liability for the operation of the website

“THE CONTROLLER” does not guarantee the availability and continuity of the website or the services or content offered, nor that these contents are up to date. Nor does it guarantee the technical reliability of its website, nor access to the different pages. Therefore, “THE CONTROLLER” is exonerated from all liability for damages of any kind that may arise from these circumstances.

Provided that there are no circumstances that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updating of the contents, “THE CONTROLLER” will carry out all the tasks necessary to solve the errors, reestablish communication or update said contents if it considers them appropriate and adequate to its needs and capabilities.

Furthermore, “THE CONTROLLER” declines all liability for any possible errors or security deficiencies that may arise from the user using an obsolete or insecure browser version, or from any damage, errors or inaccuracies that may arise from the browser malfunctioning.

In order to reduce the risk of viruses being introduced into the website, “THE CONTROLLER” uses virus detection programs to monitor all content introduced into the website. However, the absence of viruses or other elements on the website introduced by third parties other than “THE CONTROLLER” that may cause alterations in the physical or logical systems of users or in the electronic documents and files stored on their systems is not guaranteed. Consequently, “THE CONTROLLER” shall in no case be liable for damages of any kind that may occur due to the presence of viruses or other elements that may alter the physical or logical systems, electronic documents or files of users.

Furthermore, and despite the protective measures that “THE CONTROLLER” applies against cyber attacks on its website, the data collected and the content, there is no guarantee that unauthorized third parties will be able to access the type of use or navigation of the website that the user makes or the conditions, characteristics and circumstances in which this use or navigation is carried out. Therefore, “THE CONTROLLER” will not assume any responsibility for any damages that may arise from such unauthorized access.

“THE CONTROLLER” does not control, for all purposes, the use that users make of the website. In particular, “THE CONTROLLER” does not guarantee in any case that users use the website in accordance with the law, these conditions of use, morality and generally accepted good practices and public order, nor that they act with diligence and prudence.

Therefore, “THE CONTROLLER” declines all liability for the use that users or third parties make of the website or its contents, or for any damages arising from such use. It is the user’s responsibility to adopt all appropriate technical measures to reasonably control the identified risks and avoid damage to technical equipment, loss of data or theft of confidential information.

2.4.2. Exclusion of warranties and liability for third-party content and links

In the event that third-party content or links to other Internet sites are incorporated into the website, “THE CONTROLLER” will not exercise any control over said sites or content. Therefore, “THE CONTROLLER” does not offer any guarantee or assume any responsibility regarding the legality, reliability, truthfulness, accuracy, exhaustiveness and timeliness of said content. “THE CONTROLLER” also declines all responsibility for any damages that may arise from:

❖ The lack of legality, quality, veracity, accuracy, completeness or validity of the content originated by third parties;

❖ The technical unavailability, lack of quality or veracity of any material or information contained in any of the hyperlinks or other Internet sites;

❖ Unsuitability for any purpose and failure to meet expectations generated by the content;

❖ Decisions or actions taken or omitted by the user relying on information or data provided or supplied in the contents, even if they have resulted in the loss of benefits, business opportunities or other damages;

2.5. Cookie Policy

The management and processing policy of the cookies used by the website of “THE CONTROLLER” is governed by the conditions specified in the COOKIE POLICY.

2.6. Privacy and Data Protection Policy

The privacy and data protection policy collected and processed by the services offered on the website of “THE CONTROLLER” are governed by the conditions specified in the PRIVACY POLICY.

2.7. Actions in case of non-compliance with conditions

“THE CONTROLLER” reserves the right to exercise all actions available under law to enforce liability arising from a user’s failure to comply with any of the provisions of these general terms and conditions of the website.

2.8. Partial nullity

The declaration of any of the clauses contained in these general conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining clauses, which will continue to be binding on the parties. The waiver by either party to demand at a given time the fulfillment of any of the general conditions stipulated herein will not imply a general waiver of the fulfillment of another condition or conditions, nor will it create an acquired right for the other party.

2.9. Applicable legislation and jurisdiction

These general conditions are governed by the provisions of Spanish legislation.

In the event of any dispute relating to the conditions governing the use of and access to the website, the parties are subject to the decision of the competent Courts and Tribunals of Barcelona (Spain) and, unless otherwise required by law, they expressly waive any other jurisdiction that may apply to them.