This Website has been created by BESTINVER S.A. – hereafter BESTINVER – whose tax ID number is A78581881, and whose registered address in Madrid is Juan de Mena,8. Registered in the Madrid Mercantile Register, folio 56, General tome 6431, Sheet M-104755
1. IDENTIFYING DATA
C/ Juan de Mena núm. 8, 1º, 28014 Madrid
C/ Juan de Mena núm. 8, 1º, 28014 Madrid
Entered in the Mercantile Registry of Madrid in volume 8331, folio 41, hoja M-79,329
BESTINVER GESTIÓN, S.G.I.I.C., S.A.
C/ Juan de Mena núm. 8, 1º, 28014 Madrid
C.N.M.V. Official Register No.: 103
Entered in the Mercantile Registry of Madrid in volume 9027, folio 159, hoja M-85,655
BESTINVER PENSIONES, E.G.F.P., S.A.
C/ Juan de Mena núm. 8, 1º, 28014 Madrid
Official Register No. D.G.S. and F.P.: G-0179
Entered in the Mercantile Registry of Madrid in volume 10,279, folio 170, hoja M-163,748
BESTINVER SOSIEDAD DE VALORES, S.A.
C/ Juan de Mena núm. 8, 1º, 28014 Madrid
C.N.M.V. Official Record No.: 74
Entered in the Mercantile Registry of Madrid in volume 9891, folio 169, hoja M-90,299
1. TERMS AND CONDITIONS
The present General Conditions regulate the use of the "www.bestinver.es" website on the Internet (hereafter, the "Website") which is placed at your disposal as the user (the "User"). The use of the Website implies the total acceptance by the User of the Website"s General Conditions of Use that are in force at the time the User accesses the Website. BESTINVER reserves the right to update, modify or delete the Website"s General Conditions of Use at any time, as well as any other applicable general or specific conditions, regulations, instructions or notices. Likewise, BESTINVER reserves the right to suspend, interrupt or cease operating the Website at any time.
All services provided by BESTINVER are targeted at investors residing in Spain. Any individuals or companies residing in or domiciled in other countries of the European Union or outside the European Union must make sure that access and use of the website and/or its content is allowed according to their country"s legislation. Any User sending or requesting information regarding any of the services provided by BESTINVER in this Website who is not a resident of Spain, and who does not request information according to the above-mentioned procedure will do so under his own responsibility, exonerating BESTINVER from any responsibility in that regard.
Through this Website, BESTINVER provides and places at the disposal of the Users and/or its Clients access to a series of contents, information and data (the "Contents") regarding GRUPO BESTINVER or third-party service and content providers. BESTINVER reserves the right to update and make as many modifications and changes as it deems appropriate at any time and without prior notice as regards: the display (including the "look-and-feel"), the configuration, the location of the Website, as well as the Contents and the conditions required to make use of the same. Within those Contents there is a restricted access area for the sole use of Grupo Bestinver"s fund and security account clients (the SClients⬝), in order to provide them with access to information regarding the status of their contractual situation (the SServices⬝), and whose operation is regulated in point 6 of this document, titled SRestricted Access Area.⬝
In sum, access to this Website does not involve the establishment of any kind of contractual relationship between BESTINVER and the User and/or the Client.
3. WEBSITE ACCESS AND USE
Website access and use. The User agrees to make an appropriate and licit use of the Website and Contents, according to all applicable legislation, the present Website"s General Conditions for Use, and generally accepted morals, values, and public order.
The User must refrain, among others, from:
(I) making unauthorized or fraudulent use of the Website and/or the Contents;
(II) accessing or trying to access restricted resources or areas within the Website, if he or she does not meet the conditions required for such access;
(III) using the Website and/or the Contents for purposes that are illicit, illegal, contrary to these General Conditions, good faith and public order, detrimental to the rights and interests of third parties, or which may in any way damage, render useless or overload the Website or prevent the normal use or enjoyment of the Website;
(IV) causing damages in the physical or logical systems belonging to BESTINVER, its suppliers, or third parties;
(V) entering or spreading computer viruses on the Internet, or any other physical or logical systems that could cause damages in the physical or logical systems belonging to BESTINVER, its suppliers, or third parties,
(VI) attempting to access, use and/or handle data belonging to BESTINVER, its suppliers, third parties, or other users;
(VII) reproducing, copying, distributing, permitting public access through any public communications method, transforming, or modifying the Contents, except by previous authorization from the titleholder of the pertinent rights, or if it is legally allowed;
(VIII) suppressing, hiding or manipulating any notes regarding author"s rights and any other data identifying the rights of BESTINVER or third parties that have been included in the Contents, as well as technical protection devices or any other information mechanisms that may be included in the Contents;
(IX) obtaining and attempting to obtain the Contents by using methods or procedures other than those which, depending on the case, have been placed at your disposal for this purpose or have been expressly indicated in the website which includes the Contents or, in general, those that are normally used in Internet because they do not involve any risk of damages or rendering the Website and/or the Contents useless.
Entering Links. Any Information Society service providers and/or User wishing to establish a hyperlink between its website and the Website (the "Link") must obtain prior authorization from BESTINVER, requesting it at the following e-mail address:
BESTINVER will comply with the following obligations:
(I) the Link will only provide access to the Website, but will not allow it to be reproduced in any way;
(II) links may not be established with pages other than the Website"s "homepage⬝;
(III) neither frames nor a border environment shall be created for the Website;
(IV) no false, inexact, or incorrect statements or indications shall be made regarding the Website;
(V) it will not stated or be given to understand that BESTINVER has supervised or otherwise vetted the contents or services offered or announced in the website in which the Link is placed;
(VI) the website in which the Link is placed shall not contain any brands, trademarks, store logo, name, logo, slogan or other distinctive signs that belong to BESTINVER and/or third parties, without the pertinent authorization;
(VII) el sitio web en el que se establezca el Link no contendrá ninguna marca, nombre comercial, rótulo de establecimiento, denominación, logotipo, eslogan u otros signos distintivos pertenecientes a BESTINVER y/o a terceros, sin su autorización;
(VIII) the website in which the Link is placed shall not contain any illicit information or contents that are contrary to generally accepted morals and values, and to public order, or contrary to the rights of any third party.
In no case will BESTINVER be liable for the consequences that may arise from Links that are established by third parties, nor for the contents, information and/or services offered in websites in which the Link has been established.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User recognizes and accepts that all the industrial and intellectual property rights to the Contents and/or any other element inserted on the Website (including, but not limited to, brands names, logos, brand names, texts, images, graphics, design, audio, databases, software, flow diagrams, presentation, "look-and-feel", audio and video), belonging to BESTINVER and/or third parties. In no case may access to the Website involve any type of renouncement, transmission or total or partial cession of said rights. These General Conditions for Use of the Website do not confer upon the Users any right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than as expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by BESTINVER or by the third party who is the owner of the affected rights.
BESTINVER authorizes Users to use, display, print, download and store the Contents and/or the elements included in the Website exclusively for their own personal, private and non-lucrative use. It is expressly forbidden to use such elements, reproduce them, communicate them and/or distribute them for commercial or lucrative purposes, as well as to modify, alter, or de-compile them. Any use other than those uses that are expressly allowed will require the prior written consent of the owner of the rights in question.
6. RESTRICTED ACCESS AREA
Client Registration – To use the Services, clients must register previously by filling out a form (the "Registration Form") which appears on the Website. BESTINVER reserves the right to freely accept or reject the registration request from any Client. A Client’s registration does not create any obligation whatsoever to use the Services. This service will be provided free of charge, although Bestinver may decide to change this at any time, as long as it informs its clients sufficiently far in advance..
7. EXCLUSION OF GUARANTEES AND LIABILITY
Exclusion of guarantees and liability for the operation of the Website. BESTINVER does not guarantee the availability and continuity of the Website"s operation or of those websites with which a Link has been established. Likewise, BESTINVER will not be liable for any damages that may arise from:
(I) the lack of availability or accessibility to the Website, or to those other locations with which a Link has been established;
(II) the interruption in the Website"s operation or computer failures, telephone breakdowns, disconnections , delays or jams caused by deficiencies or overloads in the telephone lines, in the Internet, or in other electronic systems that may occur during operation;
(III) the lack of Website fitness for the specific requirements of the Users, and
(IV) other damages that may be caused by third parties by unauthorized interferences beyond the control of BESTINVER
In order to diminish the risk of inserting a virus in the Website, BESTINVER uses antivirus programs to control all the Contents that are placed in the Website. Nevertheless, BESTINVER cannot guarantee the absence of viruses or other elements in the Website that are inserted by third parties unconnected to BESTINVER, which may cause alterations in the Users" physical or logical systems, or in electronic documents and files stored in their systems. Consequently, BESTINVER will not be liable for damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the Users" physical or logical systems, electronic documents or files.
BESTINVER adopts numerous protective measures to protect the Website and the Contents against computerized attack by third parties. Nevertheless, BESTINVER does not guarantee that unauthorized third parties will not be able to access the type of use of the Website made by the User or the conditions, characteristics and circumstances in which such use is made. Consequently, BESTINVER will not be liable for any damages that might arise from such unauthorized access. Exclusion of guarantees and liability for the use of the Website.. BESTINVER will not be liable for the use that Users and/or third parties may make of the Website or the Contents, nor for any damages that may arise there from.
Exclusion of guarantees and liability for the Contents. By including third-party Contents on the Website, BESTINVER does not become their Publisher; and consequently, it will not guarantee the lawfulness, reliability, fitness, truth, exactitude, comprehensiveness and timeliness of said Contents. BESTINVER will not be liable for any damages that may be arise from:
(I) the lack of lawfulness, reliability, fitness, truth, exactitude, comprehensiveness and/or timeliness of the Contents originated by third parties;
(II) the lack of fitness for any purpose and the frustration of any expectations generated by the Contents;
(III) decisions or actions made or passed up by the User based on the information or data provided, including without limit the loss of profits or the possibility of investment.
Exclusion of guarantees and liability for the Links. The Website provides Users with technical devices such as links, directories and search tools that allow the Users to access websites belonging to and/or managed by third parties. BESTINVER checks the contents of those sites at the time the link to them is created, and it does so on the good faith belief that such contents comply with applicable legislation. Nevertheless, in no case will BESTINVER be liable for, approve, nor take responsibility for the products, services, contents, information, data, files and any other kind of material that exists in such websites, and does not control nor will it be liable for, approve or take responsibility for any subsequent modifications of said materials. Consequently, BESTINVER will be liable only for access to other websites or third-party contents through the existing links and connections.
8. REMEDIES IN CASE OF BREACH
BESTINVER reserves the right to exercise all available legal remedies to claim damages that may arise from a User"s breach of any of the clauses in these General Conditions of Use for the Website.
9. DATA PROTECTION POLICY
BESTINVER states that it does not expect to acquire personal data of Users in the widest sense and/or clients – hereafter the data “Owners” – who access and browse through the Website. Nevertheless, if the data Owner provides information that is likely to be considered personal, the data provided will be acquired and used for the purposes, in the manner and with the obligations and rights established by the data protection law currently in force in Spain. As established in the Organic Law 15/1999, dated December 13, the data Owner is informed of the inclusion of his or her data in the computerized files that exist in BESTINVER, as the entity responsible for processing such data, whose address is Juan de Mena, 8, 28014, Madrid. The recipients of such data will be BESTINVER’s sales and technical services. Likewise, if BESTINVER decides to acquire and/or process such personal data it will ask for the unequivocal consent of the data Owner to process personal data and adding them to above-mentioned files, and will also comply with the remaining obligations contained in any applicable personal data protection legislation. In any case, BESTINVER has adopted the required technical and organizational measures needed to guarantee data confidentiality. BESTINVER will use personal data for the following purposes: financial queries, informative and marketing activities, maintenance and management of the contractual relationship.
In any case, the Owner of the data that are being processed may freely exercise his or her rights to oppose, access, rectify, cancel and revoke such data, in the terms established by current legislation. Such rights may be exercised by writing to BESTINVER SOCIEDAD DE VALORES, S.A., Departamento de Informática, Juan de Mena, 8, 28014, Madrid. The data Owner accepts that his data may be ceded, solely for the above-mentioned purposes, to other entities belonging to the Bestinver Group. Namely: Bestinver Gestión, S.G.I.I.C., S.A., Bestinver Pensiones, E.G.F.P., S.A. or Bestinver, Sociedad de Valores, S.A. In any case, this acceptance by the data Owner for data to be ceded or processed, can be revoked at any time.
10. PARTIAL NULLITY
A court decision where by any of these general conditions are declared null, illegal or void will not affect the validity or legality of the remaining conditions, which will continue to be binding on all parties. The fact that either party may at any given time renounce to require compliance with one of the general conditions established herein does not imply that it renounces in general to require compliance with any other condition or conditions, nor will this create any acquired rights for the other party.
11. APPLICABLE LAW
The provision of Website services and the present General Conditions for Use of the Website are governed by Spanish law, without prejudice to the application of necessary laws of other countries that may be applicable according to private international law.
BESTINVER and the User/ Client, if pertinent, expressly renounce any other jurisdiction that may apply and agree that any controversy that may arise from access to or use of this Website will be subject to the exclusive jurisdiction of the Courts and Tribunals of Madrid, without prejudice to the rules of private international law. The User declares that he has read, been made aware of, and entirely accepted the present Conditions for Use of the Website, which are in force at the time he or she is accessing and browsing through this Website.