This Website has been created by the Bestinver Group, which is made up of Bestinver, S.A., Bestinver Gestión, S.A. SGIIC, Bestinver Pensiones EGFP, S.A. and Bestinver SV, S.A. (hereinafter, all together referred to as “BESTINVER”). Its purpose is to offer information about its activities, products and services, as well as to make them available in accordance with its terms and conditions. The companies have a registered office at Calle Juan de Mena, 8, Madrid. The additional identification details of the companies are as follows:
Bestinver, S.A., with Tax ID number A-78581881 is registered in the Madrid Mercantile Register, Volume 17574, Folio 212, Sheet M-104755.
Bestinver Gestión, S.A. SGIIC, with Tax ID number A-78930005 is registered in the Madrid Mercantile Register, Volume 15632, Folio 12, Sheet M-103467 and in the Register of Collective Investment Management Companies of the Spanish Securities and Exchange Commission (CNMV) with number 103.
Bestinver Pensiones EGFP, S.A., with Tax ID number A-81331720 is registered in the Madrid Mercantile Register, Volume 10279, Folio 170, Sheet M-163748 and in the Register of Pension Fund Management Companies of the Directorate General for Insurance and Pension Funds with number 179.
Bestinver SV, S.A., with Tax ID number A-79242855 is registered in the Madrid Mercantile Register, Volume 21852, Folio 183, Sheet M-61896 and in the Register of Investment Services Firms of the Spanish Securities and Exchange Commission (CNMV) with number 74.
BESTINVER has policies and procedures in place to prevent any conflict of interest that may arise between the different Group companies, or between any of them and/or their employees and clients, or between the different organizational areas of each Company. These policies and procedures are available for consultation on this Website.
These General Conditions regulate the use of the "www.bestinver.es" website on the Internet (the "Website"), which is made available to you 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 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 to suspend, interrupt or cease operating the Website at any time.
Through the Website, BESTINVER provides Users and/or Clients with access to a series of contents, information and data (the "Contents") placed at the disposal of Users/Clients by BESTINVER or third-party service and content providers. BESTINVER reserves the right, at any time and without prior notice, to update and make as many modifications and changes as it deems appropriate in regard to the display, configuration and Website localization, as well as the contents and conditions required to use them. Access to this Website does not imply the establishment of any kind of contractual relationship between BESTINVER and the User and/or the Client.
The services provided by BESTINVER are targeted at investors residing in Spain. Any individuals or companies residing in or domiciled in other countries must make sure that access and use of the website and/or its content is allowed under their country’s legislation. Any User sending or requesting information regarding any of the services provided by BESTINVER on this Website, who is not a resident of Spain and who does not request information in this manner, will do so under his/her own responsibility, exonerating BESTINVER from any responsibility in that regard.
2. WEBSITE ACCESS AND USE
The User acknowledges and accepts that the access and use of the Website and its Contents takes place freely and consciously under his/her own responsibility and agrees to make appropriate and licit use of the Website and its Contents, in accordance with all applicable legislation, the Website’s General Conditions of Use and generally accepted principles and good practices. In particular, the User must refrain 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 fulfill the conditions required for such access;
(III) using the Website and/or the Contents for purposes that are illicit, contrary to these General Conditions, good faith or 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 impede the normal use or enjoyment of its services;
(IV) introducing or spreading computer viruses in the Internet environment or in any other systems that could cause damage to the physical or logical systems of BESTINVER, its suppliers or third parties;
(V) attempting to access, use and/or manipulate data belonging to BESTINVER, third party suppliers or other users;
(VI) reproducing, distributing, permitting public access through any means of public communication or modifying the Contents, unless previous authorization has been obtained from the holder of the pertinent rights or it is permitted by law;
(VII) suppressing, hiding or manipulating any notices regarding copyrights or other information specifying the rights of BESTINVER or third parties that have been included in the Contents or any technical protection devices or information mechanisms that may be included in the Contents;
(VIII) obtaining or attempting to obtain the Contents by using methods or procedures other than those which have been made available to you for this purpose or those that have been expressly indicated on the website where these Contents are located or, in general, those that are commonly used on the Internet for this purpose and which do not pose any risk of damage or of rendering the Website and/or its Contents inoperative.
Any Information Society service providers and/or Users wishing to establish a hyperlink between their website and the Website (the "Link") must obtain prior written authorization from BESTINVER, which may be requested at the e-mail address: email@example.com. The establishment of a hyperlink or a link with the BESTINVER Website will be subject at all times to the following obligations:
(I) the Link must only provide access to the Website and it may not be reproduced in any way;
(II) links may not be established with pages other than the Website’s "homepage”;
(III) it is not permitted to create a frame or border environment on the Website;
(IV) it is not permitted to make false, inexact, or incorrect declarations or indications regarding the Website;
(V) it is not permitted to state or insinuate that BESTINVER has supervised or assumed in any way the contents or services offered or advertised on the website establishing the Link;
(VI) the website on which the Link is established may not contain any brand names, trademarks, store logos, logos or other distinctive marks that belong to BESTINVER and/or third parties, without the pertinent authorization;
(VII) the website in which the Link is established must not contain any illicit information or contents that are contrary to generally accepted principles and good practices or to public order, or contrary to the rights of third parties.
In no case will BESTINVER be liable for consequences that may arise from Links that are established by third parties or for the contents, information and/or services offered on websites in which the Link has been placed. BESTINVER reserves the right to revoke, at any time and with no prior notice, the permission granted to Information Society Service Providers and/or Users to place hyperlinks or links.
3. RESTRICTED ACCESS AREA. CLIENT ZONE.
The Website has a restricted access area, the “Client Zone”, where clients of Bestinver are able to access information regarding the status of products and services purchased through Bestinver and carry out certain transactions in the account.
To use the Services, clients must register beforehand by filling out a form which appears on the Website. BESTINVER reserves the right to freely accept or reject a Client’s request to register. This registration does not imply any obligation whatsoever to use the Services. This service will be provided free of charge unless, at any time, Bestinver decides otherwise, provided it informs clients with sufficient advance notice.
Access to the Client Zone and transactions involving BESTINVER products will be carried out in a secure environment. The services BESTINVER offers on the Website can be requested and/or contracted online by Users/Clients using a system of passwords and codes provided by BESTINVER to ensure the proper identification of Users and guarantee the confidentiality and integrity of the transactions.
BESTINVER and the Client agree that, for legal purposes, the signature of the client generated using a system of passwords, codes or secure identification codes is considered equal to the hand-written signature. Notwithstanding the above, when considered necessary, BESTINVER may require written confirmation of the orders given by the Client. BESTINVER may proceed to revoke or cancel the identification codes if it has reasonable grounds to believe that these may have been compromised or if it has knowledge of the decease or legal incapacity of the holder of these codes.
It is the responsibility of the Client to keep the identification codes secret and well protected, preventing third parties from accessing them. In this respect, the Client expressly agrees not to reveal or to give his/her secure identification codes to anyone and to keep them in a safe place.
BESTINVER assumes no liability whatsoever for the actions of the Internet service provider used by the Client or for any orders not executed or executed with delay if this non-execution or delay is due to reasons of force majeure, such as electrical failures, computer viruses or deficient telecommunications services.
BESTINVER may send periodic communications and information about its products by electronic means to those clients: i) who have expressly requested this service; or ii) have purchased any of its products through the Internet or are registered as Clients in the Client Zone on the Website.
The Client expressly accepts that periodic communications and information related to transactions involving BESTINVER products and services will be available in the Private Zone Website and will be considered to have been received from the moment the e-mail has been sent by BESTINVER warning about the availability of the information. The Client may cancel this option at any time by through the procedure provided on the Website or by sending notification via postal mail to the address of BESTINVER. The Client also accepts that, at any time, BESTINVER can send text messages to his/her cell phone regarding its products.
The Client will not be entitled to withdraw from transactions involving pension plans or BESTINVER investment funds made through this Website (Article 10 of Law 22/2007, of 11 July, on distance marketing of financial services to consumers).
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS.
The User acknowledges and accepts that all industrial and intellectual property rights related to the Contents of the Website (including, but not limited to, brand names, logos, trademarks, texts, images, graphics, designs, sounds, databases, software, flow diagrams, display, "look-and-feel", audio and video) belong to BESTINVER and/or third parties. In no case will access to the Website imply any total or partial relinquishment, transmission or assignment of these rights. The General Conditions of Use of the Website do not grant Users any right to use, alter, exploit, reproduce, distribute or publicly disseminate the Website and/or its Contents other than as expressly provided herein. BESTINVER authorizes Users to use, display, print, download and store the Contents and/or items included in the Website exclusively for their own personal, private and non-profit use. It is strictly forbidden to use such items, reproduce them, communicate them and/or distribute them for commercial or lucrative purposes or to modify, alter or decompile them. Any use other than those that are expressly permitted will require the prior written consent of the holder of the rights in question.
5. EXCLUSION OF GUARANTEES AND LIABILITY.
BESTINVER will not be liable for any damages that may arise from:
(I) lack of availability or accessibility of the Website or of those sites with which a Link has been established;
(II) interruption in the operation of the Website 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 occur during operation of the Website;
(III) the Website not being suitable for the specific needs of the Users;
(IV) other damages that may be caused by third parties through unauthorized access or interference that is beyond the control of BESTINVER;
(V) decisions or actions taken or not taken by the User based on the information or data made available or provided in the Contents, including but not limited to, the loss of profit or investment opportunities.
In order to reduce the risk of viruses on the Website, BESTINVER uses anti-virus programs to verify all the Contents that are placed in the Website. Nevertheless, BESTINVER cannot guarantee the absence of viruses or other elements on the Website that are inserted by third parties unrelated to BESTINVER, which may cause alterations to the Users’ physical or logical systems or to electronic documents and files stored on 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 could cause alterations in the Users’ physical or logical systems, electronic documents or files.
BESTINVER has adopted a number of protective measures to protect the Website and the Contents against computer attacks by third parties. Nevertheless, BESTINVER does not guarantee that unauthorized third parties will not have access to the same type of use of the Website as that of the User or the conditions, characteristics and circumstances under which such use is carried out. Consequently, BESTINVER will not be liable for any damages that might arise from such unauthorized access.
BESTINVER includes third-party Contents on the Website although it does not edit them and, consequently, it does not guarantee the legality, reliability, truthfulness, accuracy or validity of said Contents.
The Website provides Users with technical devices such as links, directories and search tools that allow the User to access websites belonging to and/or managed by third parties. BESTINVER checks the contents of these sites at the time the link to them is created and it does so in the belief and good faith that such contents comply with applicable legislation. Nevertheless, in no case is BESTINVER liable, nor does it approve or take responsibility for the products, services, contents, information, data, files or any other kind of material on those websites.
6. DATA PROTECTION POLICY.
The personal data of Clients who request a password to access the services offered on this Website will be included in a file that is the property of Bestinver Gestión, S.A. SGIIC, Bestinver Pensiones EGPF, S.A. or Bestinver Sociedad de Valores, S.A., all with a registered address at Calle Juan de Mena, number 8, 28014 Madrid.
Bestinver Gestión, S.A. SGIIC, Bestinver Pensiones EGPF, S.A., and Bestinver Sociedad de Valores, S.A. have adopted the necessary technical and organizational measures to guarantee the confidentiality of personal data and will use this information for the following purposes: financial consultations, maintenance and management of the contractual relationship, informative and marketing activities (including sending advertisements related to Bestinver products via e-mail, SMS or other similar means of communication). Exclusively for these purposes, the Client accepts that his/her personal data may be transferred by the company to other entities belonging to the Bestinver Group, Bestinver Gestión, S.A. SGIIC, Bestinver Pensiones EGPF, S.A. or Bestinver Sociedad de Valores, S.A.
The person to whom the personal information belongs may exercise the right to access, rectify, cancel or oppose such data, by writing to Bestinver Gestion, S.A. SGIIC, Bestinver Pensiones EGFP, S.A. or Bestinver Sociedad de Valores, S.A., as appropriate, addressed in all cases to the attention of “Departamento de Informática, Calle Juan de Mena, 8, 28014 Madrid” and may also request not to receive any further commercial communications from any or all of the above-mentioned companies by writing to the above address or by sending an e-mail to firstname.lastname@example.org, indicating in the subject line “Unsubscribe from e-mail notifications”.
7. PARTIAL ANNULMENT.
A court decision which declares any of these general conditions as null and void, invalid or without effect will not affect the validity or enforceability of the remaining conditions, which will continue to be binding for all parties. If, at any time, any of the parties relinquishes the requirement to comply with one of the general conditions established herein, this 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.
8. ACTIONS TO BE TAKEN IN THE EVENT OF NON-COMPLIANCE.
BESTINVER reserves the right to exercise the pertinent legal actions to hold Users accountable for damages resulting from failure to comply with any of the clauses in these General Conditions of Use for the Website.
9. COMPLAINTS AND CLAIMS.
BESTINVER has a Customer Services Department to handle and resolve complaints and claims that may be presented by its clients, according to the provisions of Order ECO 734/2004, of 11 March, on Customer Service Departments and Customer Advocate Services of Financial Institutions.
Clients may send their complaints and claims in writing to the Customer Services Department of the Bestinver Group, Calle Juan de Mena, 8, 28014 Madrid or to the e-mail address email@example.com.
10. APPLICABLE LAWS AND JURISDICTION.
The provision of Website services and the General Conditions of Use of the Website are governed by Spanish Law, without prejudice to the application of any required rules of Law of other Countries that may be pertinent under private international Law.
BESTINVER and the User/Client, as the case may be, expressly waive any other jurisdiction to which they may be entitled and agree that any disputes that may arise from the access 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/she has read, is aware of and fully accepts these Conditions of Use of the Website, which are in force at the time he or she accesses and browses this Website.