Conditions of Use
General Conditions of Use of Required Reading
1- General Information
These General Terms govern the use of the Grupo Presente Inversiones Website, which is accessed by means of the main address, www.grupopresente.com, as well as by means of all the other addresses that enable the direct access to the pages or sections of the Website.
This Website is owned by INVERSIONES PRESENTE S.L. –hereinafter referred to as Grupo Presente Inversiones. The data pertaining to this company may be consulted in the general information file, which can be accessed from the main page of this portal.
2- Acceptance of these Conditions
Users must read these General Conditions of Use of this Website which are contractual in nature.
Use of or access to this Site implies a knowledge and full acceptance of these General Conditions and those which may, from time to time, be established by Grupo Presente Inversiones. Therefore, it is the responsibility of all visitors or users to closely read the General Conditions of Use in effect on every occasion they access this Website.
The use of certain services at the disposal of the users of this Website may be subject to Particular Conditions, warnings or instructions which must also be consulted and accepted by them without qualification.
This Website offers users access to and use of various services and contents placed at their disposal by Grupo Presente Inversiones or third parties.
The aim of this Site is to provide business information services and business activity by electronic reservation of products and services included in this Grupo Presente Inversiones website and any other associated with same.
All the products and services contained herein are provided in keeping with current law.
4- Conditions for access to and use of the Website
4.1 Free Access
The use of the Grupo Presente Inversiones Website is free of charge. If applicable, the existence on this Website of services whose use is contingent upon a price, the user will be duly informed of same.
4.2 User registration
In general, access to and use of this Website requires no prior user registration. However, exceptionally, certain services may be subject to user registration in the Grupo Presente Inversiones databases. Grupo Presente Inversiones shall process the said data in line with its nature or purpose under the terms and conditions indicated in the Personal Data Protection policy section. Users authorise such processing on the part of companies belonging to the Group in accordance with said purposes. In these cases, the user undertakes to use their access codes (username and password) in accordance with the following restrictions:
The password, chosen by the user, may not be contrary to generally accepted ethics and good practices nor detrimental to the rights to the honour and the image of third parties nor infringe in any manner the industrial or intellectual property rights of third parties.
The access codes are for the sole use of the user and proper custody and use of same are the user’s sole liability. Grupo Presente Inversiones shall not be responsible for any damages which the user or third parties may incur as a result of other persons using their password, with or without the user’s consent or knowledge.
Grupo Presente Inversiones undertakes to fulfil the obligation to secrecy with regard to the user’s password.
4.3 Veracity of user information
The user vouches for the veracity and authenticity of the information and data they provide by virtue of completing applications and subscription forms which, if applicable, are required to access certain services.
In this respect, the user is under the obligation to maintain the information up to date such that it reflects reality at all times. Any false or inaccurate information arising as a result of the information and data furnished together with any damages caused by said information shall be the user’s liability.
4.4 Obligation to correctly use the services and contents
4.4.1 The users assumes the obligation of making proper use of the services and contents of this Website in accordance with the General Conditions, lays and ethics and generally accepted good practices and public order.
4.4.2 Except with prior, express authorisation from Grupo Presente Inversiones, users may only use its contents and services for their own personal use and shall therefore refrain from performing any action which directly or indirectly involves business exploitation of same.
4.4.3 In every case, users shall employ the contents and services supplied by Grupo Presente Inversiones in accordance with the law and shall assume the liability for any conduct or activity which in any manner may prove illicit or detrimental to the rights of third parties or which may damage, prevent or limit the use of this Website by Grupo Presente Inversiones or other users.
4.4.4 Non-emancipated minors may use the services offered by this Website only with permissions from their parents or legal representatives, which shall be presumed unless otherwise notified.
4.4.5 In particular, and including but not limited to, users undertake not to capture data or contents with advertising purposes or to transmit or disseminate via this Website any messages, images, photographs, software or contents which:
In any manner contravenes or attacks fundamental rights acknowledged by the legal system, induce, incite or promote criminal, derogatory, defamatory, insulting, violet, discriminatory by reason of sex, race, religion or ideology or are in any manner contrary to ethics or public order.
False contents, ambiguous, inaccurate, exaggerated, obscene or extemporaneous which might be protected by any intellectual or industrial property rights belonging to third parties without the prior sufficient authorisation of the legitimate holder.
Harm or may harm the right to honour, personal privacy, image of third parties or which infringe the regulations on secrecy or confidentiality of communications.
Constitute illicit, deceptive or unfair advertising.
Contain viruses, Trojan horses or any other material or program which may damage or alter the operation of computer equipment or systems.
4.5 Access restrictions
Grupo Presente Inversiones reserves the unilateral right to deny access to this Website by those users who do not comply with the General Conditions of Use in effect, without prior notice or justification.
5- Industrial and Intellectual Property
5.1 Industrial property
The use of distinctive signs (graphical or denominative) which appear on this Website, chief amongst which is the graphic-denominative brand Grupo Presente Inversiones, has been authorised for use Inversiones Presente S.L. Therefore, its use in economic trade by third parties lacing due authorisation is not allowed.
The possible presence on this Site of distinctive signs pertaining to parties other than those referred to in the preceding paragraph shall be carried out with the authorisation of their legitimate owners, with due respect to their exclusive rights.
5.2 Domain Name
As referred to in the preceding section, the domain name www.grupopresente.com and all those used to directly or indirectly access this Site or the property of Group companies. Improper use of same in economic trade shall constitute an infringement of the rights conferred by registration of same and shall be prosecuted as provided in Law.
5.3.1 The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programs, source codes and in general any intellectual creation present on this Site together with the Site itself as a whole as an artistic multimedia work are protected as copyright under the current Intellectual Property law.
5.3.2 In view of the above, Grupo Presente Inversiones is the sole proprietor of the rights to reproduce, distribute, publicly communicate and transform together with any other right of a proprietary nature the said elements; this is without detriment to the moral authorship rights of their authors.
5.3.3 Not applicable to this protection are those files or computer programs not belonging to Grupo Presente Inversiones and freely accessible (freeware) which, if applicable, the user may find and download from various pages of this Site in order to gain access to same and the services offered. These are applications which are in the public domain as a result of the express wish of their authors.
5.4 Personal use
The user is expressly authorised by Grupo Presente Inversiones to display, print, copy or store on their hard disk or other physical media the protected intellectual creations and any other contents or assets whether or not protected by an exclusive right provided this is done for personal and private reasons of the user, with no business or distribution purpose and without modifying, altering or decompiling the aforementioned contents. This power of personal use is acknowledged provided the warnings on copyright and industrial property rights are abided by, and signify no concession of any licence to the user.
The user is also expressly authorised to download from this Website the computer programs belonging to Grupo Presente Inversiones, provided this is done to gain access to the services offered on this Website and for the user’s personal and private purposes, with no business or distribution purpose and without modifying, altering, decompiling the contents nor translating the original object code version or its language to another code or language.
Any other use of the intellectual creations or contents of this Site shall require the express authorisation of Grupo Presente Inversiones in writing.
5.5 Reservation of action
The use of the contents or services of this Website do not imply nor signify the concession of any licence or authorisation of use of any nature of the intellectual or industrial property rights or any other right.
The user of this Website undertakes to abide by the rights listed and to avoid any action which may damage same, and Grupo Presente Inversiones reserves the right to exercise all and any legal action to defend its legitimate intellectual or industrial property rights.
6.1 Links to webpages independent of this Website
6.1.1 On the Grupo Presente Inversiones Website, the user may find various links leading to independent webpages. Their only purpose is to provide access to other sources of information on the Internet relating to the services offered or those of a general nature. Their inclusion in this Website is inspired by the respect of the intellectual and industrial property rights which may correspond to their legitimate authors and holders.
6.1.2 Grupo Presente Inversiones shall not be liable for the contents accessed by means of said links nor for any modifications made to same nor the use made of same nor their technical availability.
Nevertheless, Grupo Presente Inversiones undertakes to make its best efforts to prevent the existence on its Website of links to sites with illegal contents, which promote illicit, racist, xenophobic activities and in general all those which may attack the principles of human freedom and dignity or infringe the values and rights recognised by the Spanish Constitution and the Universal Declaration of Human Rights. Should it become aware that the information referred to in any link is illicit, Grupo Presente Inversiones undertakes to act with due diligence to eliminate or inactivate said link.
6.2 Conditions for links to this Website
Persons or entities creating or intending to create a link from a webpage of another Internet portal to any of the pages of the Grupo Presente Inversiones Website must submit to the following conditions:
Any link to the Website owned by de Grupo Presente Inversiones shall be to its homepage and may only comprise the name “Inversiones Presente S.L.”, or the graphical-denominative brand “Grupo Presente Inversiones “, “Grupo Presente Inversiones” and the use of any other brand, logo, slogan or other distinctive signs belonging to Grupo Presente Inversiones may not be used.
No frames or deep-links nor links of images with the pages of the Grupo Presente Inversiones.
No false, inaccurate or incorrect statement shall be included on the pages of the Grupo Presente Inversiones Website nor on the services and contents of same.
The creation of the link shall not imply the existence of relations between Grupo Presente Inversiones and the holder of the webpage or portal from which it is made nor any knowledge or acceptance by Grupo Presente Inversiones of the services and contents offered on said portal.
The establishment of links without abiding by the conditions above may signify an infringement of the intellectual and/or industrial property rights of Grupo Presente Inversiones.
7- Debating Forums and Bulletins
Grupo Presente Inversiones shall not be liable for the statements or opinions expressed in the various permanent forums, bulletins or chats which take place on this Website, but shall at all times seek to ensure proper use of these systems or services and maximum respect for the dignity of persons and freedom of expressed protected by the Spanish Constitution, and reserves the right to deny or eliminate interventions with illicit contents or which it considers inappropriate without need for any justification or explanation whatsoever as soon as it becomes aware of same.
Users of these services shall avoid any form of false, abusive, obscene, threatening statements or any which in any manner infringe current law and shall adopt respectful treatment towards third persons, whether or not intervening in the forums or chats.
Grupo Presente Inversiones informs the users that its www.grupopresente.com portal has installed cookies that are solely and exclusively designed for statistical and functional purposes. The users may consult our Cookies Policy here.
9- Exemption from Liability
9.1 For the contents:
9.1.1 Information. The information, both that of the site and of third parties appearing on this Website are provided “as is”, without any form of warranty as regards their accuracy or currency. Therefore, Grupo Presente Inversiones shall not be held liable for any possible damages the use of same may cause. Grupo Presente Inversiones undertakes to make its best efforts to prevent the appearance on the Site of illicit contents and should it become aware of same, to eliminate or prevent access to such contents. However, the legality of the contents supplied based on information furnished by third party providers, collaborators or users is not guaranteed.
9.1.2 Errors. As regards the provisions of the preceding paragraph, the documents published may contain technical involuntary inconsistencies or typographical errors for which Grupo Presente Inversiones shall not be held liable. The owner of this Website apologises for any such errors, undertakes to remedy any irregularities as soon as possible and is grateful for any comment, rectification or suggestion in this regard, which users may send to email@example.com.
9.1.3 Minors. Grupo Presente Inversiones shall not be liable for any possible harm suffered by minors for using these services. The parents and legal guardians shall be considered liable for all and any acts performed by minors under their responsibility.
9.2 By the operation of the Website:
9.2.1 Privacy. Grupo Presente Inversiones does not guarantee absolute privacy in the use of this Site as the possibility that non-authorised third parties may have knowledge of same and the circumstances in which this is carried out may not be discarded.
9.2.2 Viruses. Grupo Presente Inversiones accepts no liability for any damage(s) caused by computer viruses whose absence cannot be guaranteed.
9.2.3 Technical dysfunctions. Grupo Presente Inversiones shall be held harmless from any liability arising from faulty operation of the Site or any of its services originating from an accidental circumstance, force majeure, necessary maintenance work or any other cause not attributable to same.
10- Termination and Modification
Although in principle this Site is established for an indefinite period of time, Grupo Presente Inversiones reserves the right to modify, suspend or terminate the provision of services or contents, in whole or in part, at any time and without the need to give notice to the users of same.
Moreover, the information, presentation and services offered by this Site may be subject to periodic or sporadic changes, which may be freely carried out by Grupo Presente Inversiones which is under no obligation to inform users of same.
11- Applicable law and jurisdiction
These General Conditions of Use shall be governed by Spanish law.
Any dispute relating to the Grupo Presente Inversiones Website shall be submitted to Spanish jurisdiction and the Spanish Courts and their hierarchic superiors and expressly waive any other forum to which they may have recourse other than those indicated above.
12- Social Media
Grupo Presente Inversiones uses tools offered by different social media. Such tools enable the institution to manage its communication with users and offer its services in a personalised manner through the social media.
Personal data processing
In accordance with the legal provisions on the Protection of Personal Data, Inversiones Presente S.L. (hereinafter, Grupo Presente Inversiones) informs users of this Website:
RESPONSIBLE ENTITY: Grupo Presente Inversiones
DATA PROTECTION OFFICER: Contact details of the Data Protection Officer:
Registered address: C/ Gustavo Thorlichen No 3 2-D – 29120 – Alhaurín el Grande – MALAGA. SPAIN.
Email address: firstname.lastname@example.org
AIMS OF PROCESSING
1. Management and development of the contract/operations
Description: Development, control and maintenance of the contractual relationship for the implementation and management of the associated operations.
Legitimisation: Execution of the contract/operation. Property marketing agreement (mandate) / Property search application, etc., governing the individual relationship with the interested party, forming the legal foundation to formalise and maintain products and services with GRUPO PRESENTE INVERSIONES.
Compulsory data: The contract cannot be formalised without this information.
2. Prevention of money laundering
Description: The interested party has been informed that the current anti-money laundering legislation requires GRUPO PRESENTE INVERSIONES to obtain information from its clients about their economic activity and to verify this information when needed for the execution of contracts.
Legitimisation: Compliance with a legal obligation. As provided for in Act 10/2010 on the prevention of money laundering and the financing of terrorism and its implementing legislation.
Compulsory data: Without this information, it will not be possible to formalise the contractual relationships which require access to personal data.
3. Data processing related to the compliance with monetary obligations.
Description: GRUPO PRESENTE INVERSIONES requests the interested party’s consent to consult his/her credit file when necessary in order to ascertain the financial solvency of the interested party. Consequently, GRUPO PRESENTE INVERSIONES may process, where applicable, the data obtained from the issuing entities through reports related to the interested party’s financial solvency and credit standing.
Legitimisation: Consent of the interested party. To verify the financial solvency of the interested party in contractual relationships that involve deferred payment, for example, in contracts for the leasing of privately owned property or contracts of third-party owners marketed by GRUPO PRESENTE INVERSIONES.
Compulsory data: The contract cannot be formalised without this information.
4. Transfer of data for the prevention of fraud
Description: Data transmission for the prevention of fraud between GRUPO PRESENTE INVERSIONES and other companies of the group, subsidiaries and invested companies, whose partnership relationship is published at www.bancosabadell.com/empresas_del_grupo, and third-party entities.
Legitimisation: Legitimate interest
Compulsory data: This information is necessary so that GRUPO PRESENTE INVERSIONES can mitigate and prevent losses caused by fraud.
5. Biometric data processing
Description: GRUPO PRESENTE INVERSIONES can enable devices or digitising tablets for writing and signing, or other biometric sensors (of physical, physiological or behavioural characteristics) such as retina, voice, face, and fingerprint sensors, among others, in its offices, mobile consultancies, or centres, so that interested parties can sign requests, instructions, contracts, statements, or any other types of documents. All of this requires the processing and retention of the interested party’s biometric data obtained through the digitised signature, as well as the recording of these data for the purpose of identifying the signer and verifying the authenticity of documentation.
Legitimisation: Consent of the interested party
Compulsory data: If the documents signed biometrically by the interested party are required to process and authenticate the consent granted biometrically for the development or execution of the contract/operation. If the process available to formalise and execute the contract is carried out exclusively through the processing of biometric data, this product or service cannot be contracted with the consent of the interested party.
6. Processing for commercial purposes. (SUBJECT TO CHANGES)
Description: The interested party’s consent is required by GRUPO PRESENTE INVERSIONES so that it can offer and send to interested parties, by any means, including electronic channels, communications with commercial offers and proposals related to the products and services marketed by GRUPO PRESENTE INVERSIONES, or belonging to third-party entities from GRUPO PRESENTE INVERSIONES or the companies of the group have signed a collaboration agreement, as well as for marketing purposes, and to facilitate access to promotions, during and after termination of the contractual relationship. Therefore, GRUPO PRESENTE INVERSIONES may create profiles for commercial purposes, based on the analysis of the aforementioned personal data provided by the interested party at any time, or through data obtained through other publicly accessible sources of information, social networks, or browsing data from cookies. In addition, GRUPO PRESENTE INVERSIONES may use that data of interested parties in surveys developed specifically to enable the company to offer the services and products that best suit their needs, and also to assess the quality of the provided service.
Legitimisation: The interested party’s consent, except for specific circumstances in which there is a legitimate interest. This is based on the interested party’s consent which may be withdrawn at any time, without prejudice to GRUPO PRESENTE INVERSIONES’s ability to communicate personal data without needing to obtain prior consent in specific circumstances protected by a legitimate interest of GRUPO PRESENTE INVERSIONES.
Voluntary information: If consent is not given, it does not impede the maintenance of the contractual relationship or the implementation of the respective operations requested to formalise the contract. Nevertheless, there will be specific cases in which the legitimising circumstance will be of legitimate interest, as well as in the cases provided for in Article 21.2 of Act 34/2002, of 11 July, on Information Society and Ecommerce Services.
7. Data verification and enhancement
Legitimisation: Legitimate Interest
GRUPO PRESENTE INVERSIONES may update the data of the interested party, either through the personal data provided by the interested party us, or through publicly available data, such as open profiles of social networks, or through access to sources protected by legal authorisation (public records or credit information systems). In the interests of complying with the principle of the accuracy of information, based on its legitimate interest, GRUPO PRESENTE INVERSIONES will constantly verify or enhance the data of the interested party.
SOURCE OF THE DATA
Personal data provided by the interested party at any time, as well as the information derived from the operations that the interested party carries out with GRUPO PRESENTE INVERSIONES, to which it has knowledge, related to applications, preliminary agreements, proposals for the aforementioned products and services, or derived from any relationship maintained with GRUPO PRESENTE INVERSIONES, or data obtained by GRUPO PRESENTE INVERSIONES from third-party companies by means of their authorisation, or data obtained through other sources of access or public information, social networks, browsing data through cookies, or data obtained by implementing automatic techniques based on current, historical, or statistical data, such as residence, creditworthiness, income, and consumption data. Similarly, third-party data can sometimes be sent by intervening parties based on the product that users want to purchase. The interested party will be required to inform and, where applicable, to obtain the consent of these third parties for the communication of the data to GRUPO PRESENTE INVERSIONES for the necessary purposes related to contracting a specific product.
DATA STORAGE PERIODS
GRUPO PRESENTE INVERSIONES will retain the interested party’s data during the life of the contractual relationship and after its termination during the limitation period of the actions resulting from the product/operation contracted by the interested party. Including, without limitation, Articles 1962 – 1972 of the Civil Code establish the limitation periods for the actions, which can be up to thirty years depending on the type of action taken. Similarly, Act 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism requires that the documentation of interested parties be retained for a minimum of ten years.
RECIPIENTS OF THE DATA
Authorities and public institutions of other countries, both inside and outside the European Union, in the framework of combating the financing of terrorism and serious forms of organised crime, and the prevention of money laundering. – Courts of Law, State Security Forces and Agencies in the event that GRUPO PRESENTE INVERSIONES is required to communicate personal data.
Companies belonging to GRUPO PRESENTE INVERSIONES and third-party companies, only in cases in which the interested party has consented to the transfer of data and which are based on a legitimate interest.
How does GRUPO PRESENTE INVERSIONES obtain the consent of the interested party? Through the registration and informational update documents in GRUPO PRESENTE INVERSIONES’s systems, the interested party can consent to each of the processes detailed in this informational Annexe, all of which are subject to consent. The interested party can give his/her consent for an individual process, or for all the processes. In any case, each of the processes is clearly differentiated. In addition, sometimes the interested party’s consent will be requested when making ordering or purchasing a specific product or service of GRUPO PRESENTE INVERSIONES.
RIGHTS OF THE INTERESTED PARTY
In accordance with the provisions of data protection laws, you may withdraw your authorisation at any time for the processing of your personal data, and exercise your right to access, rectify, suppress, restrict or transfer your personal data, and not to be subject to automated decisions by writing to the Grupo Presente Inversiones Regulatory Compliance, at the address AVDA. DEL MEDITERRANEO Nº 89 PLANTA 1 – 29730 RINCÓN DE LA VICTORIA (MÁLAGA), via email at email@example.com, at any of the company’s branches, or through the remote channels made available by GRUPO PRESENTE INVERSIONES. In particular, you can exercise your right at any time to oppose any processing of personal data whose legitimisation is based on the legitimate interest of GRUPO PRESENTE INVERSIONES. Lastly, if the interested party considers it necessary, he/she can address the Spanish Data Protection Agency (AEPD), in order to protect his/her rights.