Legal Notice and information on the terms of use of the website

Identification details of the website owner

In compliance with the duty to provide information laid down in Article 10 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, QUANTYCA SOFTWARE SOLUTIONS, S.L. (hereinafter, “QUANTYCA”), as owner of the website www.quantyca.com, hereby provides you with the identification details required by that law:

Company name: QUANTYCA SOFTWARE SOLUTIONS, S.L.
Registered office: C/ Chile nº8, Of. 210 – 28290 Las Rozas de Madrid (Madrid)
CIF (tax ID): B84965565
Phone: +34 916 33 32 11
Email address: rgpd@quantyca.com
Commercial Registry details: Sheet M-439415, Volume 24430, Folio 31. IRUS: 1000280190766

This information sets out and governs the terms of use, the limitations of liability and the obligations that users of the websites published under the domain names www.quantyca.com and www.ubyquo.com assume and undertake to respect.

Definitions

• “Page”: the domain www.quantyca.com, which is made available to Internet Users.
• “User”: any natural or legal person who uses or browses the Page.
• “Content”: the pages that make up the whole of the domain www.quantyca.com, which comprise the information and services that QUANTYCA makes available to Internet Users. They contain messages, texts, photographs, graphics, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, look and feel, graphic design and source code and, in general, any kind of material contained in the Page.
• “Web”: a technical term describing the system for accessing information via the Internet, which is configured through pages written in HTML or a similar language, and programming mechanisms such as Java, JavaScript, PHP and others. These pages, designed and published under an Internet domain name, are the result of the information that the owner makes available to Internet Users.
• “Hyperlink”: a technique by which a User can browse different pages of the Web, or the Internet, with a simple click on the text, icon, button or indicator that contains the link.
• “Cookies”: a technical means for the “traceability” and tracking of browsing on Web sites. They are small text files that are written to the User’s computer. This method has implications for privacy, so QUANTYCA will give timely and reliable notice of their use at the time they are implemented on the Page.

Terms of use

Simply using the Page confers the status of user of the Page, whether as a natural or legal person, and necessarily implies full, complete and unreserved acceptance of each and every one of the general clauses and conditions included in this Legal Notice. If the User does not agree with the clauses and terms of use of this Legal Notice, the User shall refrain from using the Page.

This Legal Notice is subject to changes and updates, so the version published by QUANTYCA may differ each time the User accesses the Portal. The User must therefore read the Legal Notice every time they access the Page.

Through the Page, QUANTYCA provides Users with access to, and use of, various Content published over the Internet by QUANTYCA or by authorized third parties.

The User is obliged and undertakes to use the Page and the Content in accordance with the law in force, the Legal Notice, and any other notice or instructions brought to their attention, whether through this legal notice or anywhere else within the Content that makes up the Page, as well as with generally accepted rules of coexistence, morality and good practice.

To that end, the User is obliged and undertakes NOT to use any of the Content for unlawful purposes or with unlawful effects, prohibited by the Legal Notice or by the law in force, that harm the rights and interests of third parties, or that may in any way damage, disable, overload, impair or prevent the normal use of the Content, of the computer equipment, or of the documents, files and all kinds of content stored on any computer equipment (hardware and software) owned or contracted by QUANTYCA, by other Users or by any Internet user.

The User is obliged and undertakes not to transmit, disseminate or make available to third parties any kind of material contained in the Page, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, links, graphic design and source code, or any other material to which they have access as a User of the Page, and this list is not exhaustive.

Likewise, in accordance with all of the above, the User may not:

– Reproduce, copy, distribute, make available or otherwise communicate to the public, transform or modify the Content, unless they have the written and explicit authorization of QUANTYCA, which holds the corresponding rights, or unless this is permitted by law.

– Remove, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of QUANTYCA or its rights holders, the digital fingerprints and/or identifiers, or any other technical means established for their recognition.

The User must refrain from obtaining, or even attempting to obtain, the Content by means or procedures other than those that, as the case may be, have been made available to them for that purpose or have been indicated for that purpose on the Web pages where the Content is found or, in general, those commonly used on the Internet for that purpose, provided that they do not entail a risk of damage to or disabling of the Page and/or the Content.

Intellectual property

All trademarks, trade names or distinctive signs of any kind that appear on the Page are the property of QUANTYCA or, where applicable, of third parties who have authorized their use. Use of or access to the Portal and/or the Content shall not be understood to grant the User any right over those trademarks, trade names and/or distinctive signs, nor shall any of the exploitation rights that exist or may exist over said Content be understood to be transferred to the User.

Likewise, the Content is the intellectual property of QUANTYCA or, where applicable, of third parties; therefore, the Intellectual Property rights are owned by QUANTYCA or by third parties who have authorized their use, to whom the exclusive exercise of the exploitation rights in any form belongs, in particular the rights of reproduction, distribution, public communication and transformation.

Unauthorized use of the information contained on this Web, as well as infringement of the Intellectual or Industrial Property rights of QUANTYCA or of third parties included in the Page who have assigned content, will give rise to the liabilities established by law.

Hyperlinks

Anyone who intends to establish hyperlinks between their Web page and the Page must observe and comply with the following conditions:

– No prior authorization is required when the Hyperlink only allows access to the home page, but it may not reproduce it in any way. Any other form of Hyperlink requires the express and unequivocal written authorization of QUANTYCA.

– No “frames” will be created with the Web pages or over the Web pages of QUANTYCA.

– No false, inaccurate or offensive statements or indications will be made about QUANTYCA, its managers, employees or collaborators, or the persons mentioned on the Page for any reason, or about the Users of the Page, or about the Content provided.

– It will not be stated or implied that QUANTYCA has authorized the Hyperlink or that it has supervised or in any way assumed responsibility for the Content offered or made available on the Web page in which the Hyperlink is established.

– The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.

– The Web page in which the Hyperlink is established will not contain unlawful information or content, content contrary to generally accepted morality and good practice and to public order, nor content contrary to any third-party rights.

Cookies

Cookies are the technical means for the “traceability” and tracking of browsing on Web Sites. They are small text files that are written to the User’s computer. This method has implications for privacy, so QUANTYCA informs you that it may use cookies in order to compile statistics on website use, as well as to identify the User’s PC so that it can recognize them on their next visits. In any case, the user can configure their browser so as not to allow the use of cookies when visiting the website.

Availability of the Page

QUANTYCA does not guarantee that access to the Page and its Content will be free of interruptions or errors, nor that they will be up to date, although it will make its best efforts to avoid, correct or update them where applicable. Consequently, QUANTYCA is not liable for damages or losses of any kind caused to the User that result from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service while it is being provided or beforehand.

QUANTYCA excludes, with the exceptions provided for in the law in force, any liability for damages and losses of any nature that may be due to the lack of availability, continuity or quality of operation of the Page and the Content, or to the failure to meet the expectation of usefulness that users may have attributed to the Page and the Content.

The function of the Hyperlinks that appear on this Web is solely to inform the user of the existence of other Web sites containing information on the subject. Such Hyperlinks do not constitute any suggestion or recommendation.

QUANTYCA is not responsible for the content of those linked pages, for the operation or usefulness of the Hyperlinks, or for the result of those links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations to the user’s computer system (hardware and software), documents or files, and it excludes any liability for damages of any kind caused to the user for this reason.

Access to the Page does not imply any obligation on the part of QUANTYCA to check for the absence of viruses, worms or any other harmful computer element. In any case, it is up to the User to have suitable tools for detecting and disinfecting harmful computer programs; therefore, QUANTYCA is not responsible for possible security errors that may occur while the Page service is being provided, nor for possible damage that may be caused to the computer system of the user or of third parties (hardware and software), or to the files or documents stored on it, as a result of the presence of viruses on the user’s computer used to connect to the services and content of the Web, of a malfunctioning browser, or of the use of non-updated versions of it.

Obligations and Responsibilities of the Website User

The User undertakes to:

Make appropriate and lawful use of the Website as well as of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morality and good practice; and (iv) public order.

Obtain all the technical means and meet all the technical requirements needed to access the Website.

Provide truthful information when filling in the forms on the Website with their personal data, and keep it up to date at all times so that it always reflects the User’s real situation. The User will be solely responsible for any false or inaccurate statements they make and for any harm they cause to QUANTYCA or to third parties through the information they provide.

Notwithstanding the provisions of the previous section, the User must also refrain from:

a) Making unauthorized or fraudulent use of the Website and/or the content for unlawful purposes or with unlawful effects, prohibited in these General Terms of Use, that harm the rights and interests of third parties, or that may in any way damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.

c) Causing damage to the physical or logical systems of the Website, of its suppliers or of third parties.

d) Introducing or spreading on the network computer viruses or any other physical or logical systems likely to cause damage to the physical or logical systems of QUANTYCA, of its suppliers or of third parties.

e) Attempting to access, use and/or manipulate the data of QUANTYCA, third-party suppliers and other Users.

f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless they have the authorization of the holder of the corresponding rights or this is permitted by law.

g) Removing, concealing or manipulating the notices on intellectual or industrial property rights and other identifying data of the rights of QUANTYCA or of third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted in the content.

h) Obtaining or attempting to obtain the content by means or procedures other than those that, as the case may be, have been made available to them for that purpose or have been expressly indicated on the web pages where the content is found or, in general, those commonly used on the Internet because they do not entail a risk of damage to or disabling of the website and/or the content.

i) In particular, and purely by way of illustration and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

i. In any way is contrary to, disparages or infringes the fundamental rights and public freedoms recognized in the Constitution, in International Treaties and in the rest of the legislation in force.
ii. Induces, incites or promotes criminal, denigrating, defamatory or violent acts or, in general, acts contrary to the law, to morality, to generally accepted good practice or to public order.
iii. Induces, incites or promotes discriminatory acts, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or status.
iv. Incorporates, makes available or allows access to criminal, violent, offensive, harmful or degrading products, items, messages and/or services or, in general, those contrary to the law, to morality and to generally accepted good practice or to public order.
v. Induces or may induce an unacceptable state of anxiety or fear.
vi. Induces or incites involvement in dangerous practices, or practices that are risky or harmful to health and mental balance.
vii. Is protected by intellectual or industrial property legislation belonging to QUANTYCA or to third parties without the intended use having been authorized.
viii. Is contrary to the honor, personal and family privacy or own image of individuals.
ix. Constitutes any kind of advertising.
x. Includes any kind of virus or program that prevents the normal operation of the Website.

If you are provided with a password to access some of the services and/or content of the Website, you undertake to use it diligently and to keep it secret at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, and you undertake not to disclose it to third parties, whether temporarily or permanently, nor to allow outsiders to access those services and/or content. Likewise, you undertake to notify QUANTYCA of any event that may involve misuse of your password, such as, by way of example, its theft, loss or unauthorized access, so that it can be cancelled immediately.

Consequently, until you give the above notification, QUANTYCA will be exempt from any liability that may arise from misuse of your password, and any unlawful use of the content and/or services of the Website by any unauthorized third party will be your responsibility.

If, through negligence or willful misconduct, you breach any of the obligations established in these General Terms of Use, you will be liable for all damages and losses that such a breach may cause to QUANTYCA.

Liabilities

QUANTYCA does not guarantee continuous access, or the correct display, download or usefulness of the elements and information contained on the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

QUANTYCA is not responsible for the decisions that may be made as a result of accessing the content or information offered, since such decisions are made by the user in the free exercise of their own will.

QUANTYCA may interrupt the service or immediately terminate its relationship with the User if it detects that any use of its Website or of any of the services offered on it is contrary to these General Terms of Use.

QUANTYCA is not liable for damages, losses, claims or expenses arising from decisions made by the user in the free exercise of their own will during their visit to the Website, unless such damages, losses, claims or expenses are directly attributable to QUANTYCA due to failures on the page, error or omission.

It will only be responsible for removing, as soon as possible, any content that may cause such harm, provided that it is notified. In particular, it will not be liable for any harm that may arise from, among other things:

i. interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of QUANTYCA.
ii. illegitimate intrusions through the use of malicious programs of any kind and by any means of communication, such as computer viruses or any others.
iii. improper or inappropriate abuse of the Website.
iv. security or browsing errors caused by a malfunctioning browser or by the use of non-updated versions of it. The administrators of QUANTYCA reserve the right to withdraw, in whole or in part, any content or information present on the Website.

QUANTYCA declines any liability for damages and losses of any nature that may be due to the misuse, by Users of the Website, of the freely available services. Likewise, QUANTYCA is exempt from any liability for the content and information that may be received through the data collection forms, which exist solely for the provision of inquiry and question services. Furthermore, in the event of causing damages and losses through unlawful or incorrect use of those services, the User may be held liable by QUANTYCA for the damages or losses caused.

You will defend, indemnify and hold QUANTYCA harmless against any damages and losses arising from claims, actions or lawsuits by third parties as a result of your access to or use of the Website. Likewise, you undertake to indemnify QUANTYCA against any damages and losses arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data, or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

Limitation of liability

QUANTYCA excludes all liability for the decisions the User may make based on this information, as well as for possible typographical errors that the documents and graphics of the Page may contain. The information is subject to periodic changes to its content without prior notice due to expansion, improvement, correction or updating of the Content.

Notifications

All notifications and communications from QUANTYCA to the User made by any means will be considered effective for all purposes.

Availability of the Content

The provision of the Page and Content service is, in principle, of indefinite duration. However, QUANTYCA is authorized to terminate or suspend the provision of the Page service and/or of any of the Content at any time. Where reasonably possible, QUANTYCA will give prior notice of the termination or suspension of the Page.

Personal Data Protection

QUANTYCA is aware of the importance of the privacy of personal data and has therefore implemented a data processing policy aimed at providing maximum security in their use and collection, ensuring compliance with the regulations in force on the matter and making that policy one of the basic pillars of the organization’s lines of action.

While browsing the website www.quantyca.com, personal data may be requested through various forms provided for that purpose. Those data will form part of the relevant files according to the specific, determined purpose for which they are collected.

Accordingly, the specific information for each data processing activity will be provided together with each web form, the following being common to all of them: the data controller, QUANTYCA SOFTWARE SOLUTIONS, S.L., with registered office at C/ Perú nº6, Planta 1 – 28290 Las Rozas de Madrid (Madrid), and the place and manner of exercising the rights of access, rectification, cancellation and objection, which must be made by written communication to the address indicated above, including a copy of the DNI (Spanish national ID card) or equivalent identification document.

If you provide your data through an email message, it will form part of a file whose purpose will be to handle the request or comment you send us, and the remaining points indicated in the previous paragraph will apply.

Likewise, the general terms and conditions of QUANTYCA’s services set out the characteristics and nature of the processing of the data that it will carry out if you contract any of them.

Furthermore, QUANTYCA has implemented the technical and organizational measures necessary to prevent the loss, misuse, alteration, unauthorized access and theft of the Personal Data that data subjects may provide as a result of accessing the different sections of the website www.quantyca.com, applying the security measures provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and in Spanish Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights.

Please visit our privacy policy for more extensive information on the security of your data.

Jurisdiction

In the event of a dispute, the contracting parties submit to the courts and tribunals of the place of residence of the interested party, with the party that breaches the contract assuming the judicial and extrajudicial costs arising from the claim, including lawyers’ and court representatives’ fees, etc.

Applicable law

This Legal Notice is governed by Spanish law.