Information Society Services Law (LSSI)

Citywise Madrid, the entity responsible for the website, hereinafter referred to as RESPONSIBLE, makes this document available to users, aiming to comply with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users about the terms of use.

Any person accessing this website assumes the role of a user, committing to observe and strictly comply with the provisions herein, as well as any other applicable legal provisions.

Citywise Madrid reserves the right to modify any information that may appear on the website, without the obligation to give notice or inform users of these changes, understanding that it is sufficient with the publication on the Citywise Madrid website.

1. Identification information

Corporate name: CITYWISE MADRID

Trade name: CITYWISE MADRID

Tax identification number (CIF): XXXXXXX

Address: XXXXXXX

Email: info@citywisemadrid.com

2. Purpose

Through the website, we offer users the possibility to access information about our services.

3. Privacy and Data Processing

When it is necessary to provide personal data for access to certain content or services, users will ensure its truthfulness, accuracy, authenticity, and validity. The company will process such data in an automated manner according to its nature or purpose, as indicated in the Privacy Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions. Therefore, the User agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the company harmless from any claims arising from the breach of these obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial assignment of these rights, unless expressly stated otherwise. These General Terms of Use for the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its content, other than expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for this purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this site, as well as the site as a whole as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or, in any case, has the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation is obtained from the mentioned entity.

Furthermore, it is prohibited to delete, bypass, and/or manipulate the copyright, as well as technical protection devices or any information mechanisms that the content may contain. The user of this Website undertakes to respect the rights mentioned and to avoid any actions that could harm them, with the company reserving, in any case, the exercise of any legal means or actions that correspond to it in defence of its legitimate intellectual and industrial property rights.

5. User Obligations and Responsibilities on the Website

The User agrees to:

1. Make appropriate and lawful use of the Website, as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs, and (iv) public order.
2. Provide themselves with all the necessary technical means to access the Website.
3. Provide truthful information when filling out personal data forms on the Website and keep them updated at all times to ensure they correspond to the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and for any harm caused to the company or third parties due to the information provided.

However, in addition to the above, the User must also refrain from:

1. Unauthorised or fraudulent use of the Website and/or its content for illegal purposes, in violation of the General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of services, documents, files, and all kinds of content stored on any computer.
2. Access or attempt to access restricted areas of the Website without meeting the required conditions.
3. Cause damage to the physical or logical systems of the Website, its providers, or third parties.
4. Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, providers, or third parties.
5. Attempt to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
6. Reproduce or copy, distribute, allow public access through any form of public communication, transform, or modify the content unless authorised by the owner of the corresponding rights or it is legally permitted.
7. Delete, hide, or manipulate copyright notices and other data identifying the intellectual or industrial property rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms inserted into the content.
8. Obtain or attempt to obtain the content using means or procedures other than those made available for this purpose or expressly indicated on the web pages where the content is found or, in general, those commonly used on the Internet as they do not pose a risk of harm or disablement to the Website and/or its content.
9. Specifically, the User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, or any other material that:
   • Contravenes, belittles, or violates constitutionally recognised fundamental rights and public freedoms, international treaties, and other current legislation.
   • Induces, incites, or promotes criminal, defamatory, denigrating, violent, or generally unlawful actions.
   • Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
   • Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or generally unlawful products, elements, messages, and/or services.
   • Induces or could induce an unacceptable state of anxiety or fear.
   • Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
   • Is protected by legislation on intellectual or industrial property owned by the company or third parties without the authorised use.
   • Contravenes honor, personal and family intimacy, or the image of individuals.
   • Constitutes any form of advertising.
   • Includes any type of virus or program that may interfere with the normal operation of the Website.

If a password is provided to access certain services and/or content on the Website, the User agrees to use it diligently, keeping it confidential at all times. Therefore, they will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, or allow access to the mentioned services and/or content by unauthorised persons. Likewise, they agree to notify the company of any event that may imply the improper use of their password, such as theft, loss, or unauthorised access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, the company will be exempt from any liability that may arise from the improper use of the password, with the User being responsible for any illicit use of the content and/or services of the Website by any unauthorised third party. If negligently or intentionally violating any of the obligations established in these General Terms of Use, the User will be liable for all damages and losses that may result from such non-compliance for the company.

6. Responsibilities

Continuous access, correct display, download, or use of elements and information contained on the website may be hindered, hampered, or interrupted by factors or circumstances beyond its control. The company is not responsible for decisions made as a result of accessing the contents or information offered.

The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of the Website or any of the services offered on it is contrary to these General Terms of Use. The company is not responsible for damages, losses, claims, or expenses derived from the use of the Website.

The company is only responsible for removing, as soon as possible, any content that may cause such damage, provided that it is notified. In particular, the company is not responsible for damages that may arise, among others, from:

1. Interference, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the telecommunication lines and networks, or for any other reason beyond the control of the company.

2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

3. Improper or inadequate use of the Website.

4. Security or navigation errors caused by a malfunction of the browser or the use of non-updated versions of it. The website administrator reserves the right to withdraw, in whole or in part, any content or information present on the Website.

The company excludes any liability for damages of any kind that may be due to the misuse of freely available services and the use by Users of the Website. It is also exempt from any liability for the content and information that may be received as a result of data collection forms, these being only for the provision of consultation and doubt resolution services. On the other hand, in the event of causing damages and losses due to unlawful or incorrect use of said services, the User may be held liable for the damages or losses caused.

The User will keep the company indemnified against any damages and losses that may arise from claims, actions, or demands by third parties as a result of their access or use of the Website. Likewise, the User agrees to indemnify for any damages and losses arising from their use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data or any other action on their part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, even through a hyperlink, the Website, as well as any of its contents, without the express and written authorisation of the person responsible for the file.

The Website may include links to other websites managed by third parties to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or party offering the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorised, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence, or discriminatory on grounds of sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website’s own address, without allowing the website that creates the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” over any of the pages of the Website. The company may request, at any time, the removal of any link to the Website, after which it must proceed immediately to its removal.

The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.

8. Data Protection

To use some of the Services, the User must provide certain personal data in advance. The company will automatically process this data and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9. Cookies

The company reserves the right to use “cookie” technology on the Website to recognise it as a frequent user and customise its use of the Website by pre-selecting its language or the most desired or specific content.

Cookies collect the user’s IP address, with Google responsible for processing this information.

Cookies are files sent to a browser, through a Web server, to record the User’s navigation on the Website when the User allows their reception. If you wish, you can configure your browser to be notified on-screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for further information.

Thanks to cookies, it is possible to recognise the user’s computer browser to facilitate content and offer preferences for navigation or advertising purposes that the User, demographic profiles of Users, as well as to measure visits and traffic parameters, control progress and the number of entries.

10. Statements and Warranties

In general, the content and services offered on the Website are of an informative nature. Therefore, by offering them, no guarantee or statement is granted regarding the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and guarantees cannot be excluded by law.

11. Force Majeure

The company will not be liable at all in the event of the impossibility of providing a service if it is due to prolonged interruptions in the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or fortuitous events.

12. Dispute Resolution. Applicable Law and Jurisdiction

These General Terms of Use, as well as the use of the Website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the social domicile of the person responsible for the website.

In the event that any provision of these General Terms of Use is deemed unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not render these General Terms of Use unenforceable or null as a whole. In such cases, the company will proceed to modify or replace such provision with another that is valid and enforceable, and that, to the extent possible, achieves the objective and intention reflected in the original provision.

Cookie Policy

Access to this Website may involve the use of cookies. Cookies are small amounts of information stored in the browser used by each User —on the various devices they may use to navigate—so that the server remembers certain information that it will later and only the server that implemented it will read. Cookies facilitate navigation, make it more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information regarding the preferences determined by the User during their visit to the Website to recognise them as a User and personalise their experience and use of the Website, and may also, for example, help identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website, and the sites visited just before and after it. However, no cookie allows this to contact the User’s telephone number or any other personal contact medium. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, for their use, the User’s consent will be necessary. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial treatment, removable and documented.

DISABLE, REJECT, AND DELETE COOKIES

The User can disable, reject, and delete cookies —in whole or in part— installed on their device through the configuration of their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Therefore, the User must go to the instructions provided by their Internet browser. In the event of rejecting the use of cookies —in whole or in part— it may still use the Website, although the use of some of its features may be limited.