Legal Notice

1. Company introduction and identification

This Legal Notice regulates the conditions of access, browsing and use for the website www.hocelot.com (hereinafter, the “Website”), through which Hocelot, the owner thereof, presents users with information on the content and provision of services offered.

Hocelot Financial Technologies, S.L. is a company with CIF (Tax ID no.) B-87546164, with registered offices at Calle Perú nº 6, Edificio B, Primera Planta, Oficina 1, postcode 28290, Las Rozas, Madrid, and registered in the Business and Trade Registry of Madrid, in Volume 34626, folio 10, sheet M-622956 (hereinafter, “Hocelot”), which can be contacted on 91 064 94 18, or by emailing info@hocelot.com.

Hocelot assumes that by accessing, browsing or using the Website, you accept without exception all the conditions included in this Legal Notice. Please read it carefully.

2. Your use of the Website

You hereby undertake to make appropriate use of all the content, services, applications and tools accessible on the Website, in accordance with the applicable regulations and this Legal Notice.

By accessing, browsing or using the Website, you undertake not to use it in an unlawful or illegal way, or against good faith, decency or public order, or in any other way that is unauthorised. Specifically, you expressly undertake to observe the following, including but not limited to:

  • Not to perform any action intended to harm, crash, damage, disable, overload, whether temporarily or permanently, the functionalities, tools, content and/or infrastructure of the Website, or to in any way hinder its normal operation;
  • Not to access any of the Website’s restricted areas without express prior written authorisation from Hocelot, or to attempt to break any of the security measures implemented in it;
  • Not to use the Website to transmit viruses or malicious or harmful programs;
  • To keep and maintain the confidentiality of any access codes associated with your user name, being responsible for the use of these access codes, which are personal and non-transferable to third parties;
  • Not to enter on the Website through any channels that Hocelot may enable, any injurious or slanderous content, whether referring to other users or third parties;
  • Not to use the materials and information contained on the Website for unlawful purposes and/or purposes expressly prohibited under the Legal Notice or any specific conditions that Hocelot may establish for the use of certain Website applications and/or features, or for purposes that are contrary to the rights and interests of Hocelot;
  • Not to use the Website to collect or process personal data from other users.
  • If it is necessary to access any of the Website’s tools, to provide truthful, up-to-date and accurate information through the registration forms provided by Hocelot.

In case of total or partial breach of these terms of use, Hocelot may deny you access to the Website without prior notice, in addition to adopting the measures it deems appropriate in accordance with applicable legislation. Likewise, you will be liable for any kinds of damages that Hocelot or any third parties may suffer as a result of said breach.

3. Liability and guarantee

Hocelot does not guarantee or accept any liability for the continued access, correct visualisation, operation and/or utility of the Website content, the accuracy and/or reliability of the Website content, or the absence of viruses or other harmful or damaging programs on the Website or that may be transmitted through it, without it being possible to demand any compensation on the grounds of the foregoing.

In any case, Hocelot has adopted adequate security measures, within its capabilities, to prevent any of the aforementioned situations and to guarantee the proper operation and security of the Website.

In particular, Hocelot assumes no liability whatsoever for damages, losses, claims or expenses caused by the following, including, but not limited to:

  • Interferences, cuts, failures, omissions, delays, crashes or disconnections, caused by errors in the telecommunication lines and networks or due to any other cause beyond Hocelot’s control.
  • Illegal interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  • Improper or inappropriate use of the Website.
  • Security or browsing errors caused by a malfunction of the browser or by the use of outdated versions.

Likewise, Hocelot may under no circumstances be held liable to users and/or third parties for the actions of users or third parties that do or may involve the performance of unlawful actions or actions contrary to current legislation committed through the transfer, dissemination, storage, making available, reception, obtaining or accessing of the Website content, within the framework of applicable legislation.

If you become aware of any unlawful actions or actions contrary to applicable legislation, or that could involve a breach of the rights of third parties, committed through the Website, you must inform Hocelot immediately by calling 91 064 94 18 or emailing info@hocelot.com, so that Hocelot can adopt the appropriate measures as quickly as possible regarding any such actions.

4. Intellectual and industrial property

The Website, the pages it comprises, as well as its content (including text, documents, photos, drawings and graphics etc.), are protected by intellectual and/or industrial property rights owned by Hocelot or by third parties.

You have the right of private use over the content of the Website, solely to be able to use the same in a diligent and appropriate manner and, in any case, according to the conditions set out in this Legal Notice.   Under no circumstance may accessing, browsing or using the Website be understood to entail any kind of waiver, license, transfer or assignment of any intellectual and/or industrial property rights in your favour or in favour of any third parties.

You are not authorised to distribute, modify, transform, copy, reproduce, assign or communicate publicly, or by any other means of use, part or all of the content of the Website, in any way and regardless of the purpose, without the express prior written authorisation of Hocelot or the third parties owning the rights that protect said content.

5. Links

Links to third-party websites or webpages that may be present on the Website have been established solely as a feature for the User for information purposes and in no way imply support, approval, commercialisation or any relationship between Hocelot and the persons or entities owning said pages and/or websites.

Hocelot may not be held liable for the operation and/or content of such third-party websites or webpages.

On the other hand, it will be necessary to request express prior written authorisation from Hocelot in order to establish links with any of the pages of the Website.

6. Personal data protection

In accordance with the provisions of current legislation, you are hereby informed that your personal data may be processed by Hocelot, as the Data Controller, for the purposes of: (i) providing you with information of interest to you about our services and/or resolving any questions or incidents you may have; (ii) managing a possible commercial relationship that links you to Hocelot; (iii) managing your candidacy in a selection process; and (iv) knowing about the use made of the Hocelot Website and thus improving its performance, as well as carrying out statistical analyses on Hocelot’s commercial activity. The bases of legitimacy that cover the aforementioned data processing are as follows: (i) your express consent; (ii) the legitimate interest of Hocelot; and (ii) the implementation of pre-contractual measures at the request of the data subject. Your personal data will be communicated to public administrations and other legal bodies in the exercise of their powers. You may exercise your rights of access, rectification, erasure, limitation, portability and objection to Hocelot by emailing dpo@hocelot.com. Likewise, if you believe that Hocelot has processed your data in breach of applicable data protection regulations, you have the right to file a claim against Hocelot with the Spanish Data Protection Agency (AEPD).

You can find more information about the privacy standards that Hocelot offers, specifically, the personal data that Hocelot collects through the Website and the use thereof, in the Privacy Policy.

7. Use of cookies

Hocelot uses cookies to ensure the operation of the Website and to know about the browsing preferences on it. In order to find out about what cookies are, what cookies Hocelot uses and how to adjust the settings for them on your device, please see the Cookies Policy, available on the Website.

8. Other general information

The headings of the different clauses are purely informational and in no way affect the interpretation of this Legal Notice.

In the event that any provision of this Legal Notice is considered null and void or unenforceable, in whole or in part, by any Court or other competent body, the validity of the remaining provisions thereof will not be affected by said nullity or unenforceability.

In the event that there is a discrepancy between the general conditions set out in this Legal Notice and any specific conditions that Hocelot may establish for the use of certain applications and/or features of the Website, if applicable, the latter will prevail.

The non-exercise or execution by Hocelot of any rights or provisions included in this Legal Notice will not constitute a waiver thereof, unless expressly acknowledged in writing by it.

This Legal Notice and its terms and conditions will be governed and interpreted in accordance with Spanish Legislation. The Courts of Madrid will have jurisdiction to hear any disputes and/or proceedings arising from or relating to the conditions included in this Legal Notice, and/or the access, browsing or use of the Website, with both Hocelot and the user of the Website waiving any other jurisdiction to which they might be entitled.

However, if you use the Website as a Consumer, as defined under Article 3 of Royal Legislative Decree 1/2007 of 16 November (General Law for the Protection of Consumers and Users), we hereby inform you that any disputes that arise with the use of the Website will be submitted to the jurisdiction of the courts of your domicile.

 

Date of last update: 25 March 2019