Legal notice
https://digitalbirdsagency.com/ is committed to safeguarding the privacy of its website visitors. Please read our privacy policy to learn how the information you provide to us is treated. By sending communications or messages containing personal data through this website, you agree to be bound by this privacy policy.
1. Legal information and acceptance.
The present provisions regulate the use of the service of the Internet portal https://digitalbirdsagency.com/ (hereinafter, the ‘Portal’).
XXXXXXXXXXXX with DNI XXXXXXX has its registered office at xxxxxxxxxxxxxxxxxx, whose commercial name is DIGITALBIRDS.
Access to the website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.
The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusive to Digitalbirds clients, may be subject to special conditions, regulations and instructions which, where applicable, replace, complete and/or modify this Legal Notice, and which must be accepted by the User before the corresponding service is provided.
2. Intellectual and industrial property.
All the contents of the Portal, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of Digitalbirds or third parties, and none of the exploitation rights recognised by current intellectual property legislation on the same may be understood to be assigned to the User, except those which are strictly necessary for the use of the Portal.
The brands, trade names or distinctive signs are owned by Digitalbirds or third parties, and access to the Portal may not be understood as attributing any right over the aforementioned brands, trade names and/or distinctive signs.
3. Conditions of use of the portal.
3.1 General
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will be liable to Digitalbirds or third parties for any damages that may be caused as a result of non-compliance with this obligation.
It is expressly forbidden to use the Portal for purposes detrimental to the property or interests of Digitalbirds or third parties, or which in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Digitalbirds or third parties.
3.2 Copyright
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example only, the User, in accordance with current legislation, must abstain from:
– Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorised by law or expressly consented to by Digitalbirds or by whoever holds the ownership of the exploitation rights where applicable.
– Reproduce or copy for private use the Contents which may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
– Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that Digitalbirds makes available to Users.
– Use the contents and in particular the information obtained through the Website to send advertising, send messages for commercial purposes, or to collect or store personal data of third parties.
3.3 Data collection forms
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and which may be applicable at any given time, the use of certain services or requests addressed to Digitalbirds are subject to the prior completion of the corresponding User registration form.
All information provided by the User through the Portal forms for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all data provided and will keep the information provided to Digitalbirds perfectly up to date so that it corresponds, at all times, to the User’s real situation. In any case, the User will be solely responsible for any false or inaccurate statements made, and for any damage caused to Digitalbirds or third parties as a result of the information provided.
3.4 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal, but may not reproduce it in any way (online links, copy of texts, graphics, etc.).
It shall be prohibited in any case, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of VRVP; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement of any kind may be made from the page that introduces the link regarding Digitalbirds, its partners, employees, clients or the quality of the services it provides.
Under no circumstances shall it be stated on the page where the link is located that Digitalbirds has given its consent to the inclusion of the link, or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of Digitalbirds, within the sender’s page is prohibited, except in cases permitted by law or expressly authorised by Digitalbirds, and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is illicit, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or leads to the creation of a link to the Portal. ); (II) induce or could induce in the User the false conception that Digitalbirds subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of Digitalbirds in view of the place, content and subject matter of the sender’s website.
3.5. Intellectual and industrial property.
All the contents of the Portal, understood to include but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of Digitalbirds or third parties, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to be transferred to the User, except those that are strictly necessary for the use of the Portal.
Trademarks, trade names or distinctive signs are owned by Digitalbirds or third parties, and access to the Portal may not be understood as attributing any right over the aforementioned trademarks, trade names and/or distinctive signs.
4. Exclusion of liability.
4.1 Information
Access to the Website does not imply any obligation on the part of Digitalbirds to check the truthfulness, accuracy, adequacy, suitability, completeness and up-to-dateness of the information provided through the same.
Digitalbirds accepts no liability for decisions taken on the basis of the information provided on the Portal, nor for any damages caused to the User or third parties as a result of actions based solely on information obtained from the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of Digitalbirds to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of suitable tools for the detection and disinfection of harmful software.
Digitalbirds accepts no responsibility for any damage caused to Users’ or third parties’ computer equipment during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport via telecommunications networks, the reliability, quality, continuity and operation of which Digitalbirds is not responsible for. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or at the same time as the Portal service is provided.
Digitalbirds accepts no liability for damages of any kind caused to the User as a result of faults or disconnections in the telecommunications networks which lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 Of the contents and services linked to through the Portal
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Sites’).
Linked’). In these cases, Digitalbirds acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of 12th July, on Information Society Services and Electronic Commerce (LSSI), and will only be responsible for the content and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Digitalbirds in accordance with the procedure and effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Digitalbirds with the statements, content or services provided.
Digitalbirds has no knowledge of the contents and services of the Linked Sites, and therefore accepts no responsibility for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites, or for any other damage not directly attributable to Digitalbirds.
5. Protection of Personal Data.
5.1. Incorporation of data for Processing.
The data collected through the Portal’s data collection forms will be incorporated into an automated personal data processing system for which Digitalbirds is responsible. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its clients and promoting the group’s activities. Digitalbirds will also cancel, delete and/or block the data when it is inaccurate, incomplete or no longer necessary or relevant for its purpose, in accordance with the provisions of data protection legislation.
By clicking on the ‘send’ button on the corresponding form, the User expressly consents to their data being used to send commercial communications by e-mail or by any other means. In each of the commercial communications sent, the procedure for opposing the sending of new commercial communications will be expressly indicated.
In the data collection forms, the fields marked with an asterisk are compulsory, so that if the User does not provide the corresponding data, Digitalbirds may, at its sole discretion, refuse the corresponding service.
5.2. Rights of access, rectification, cancellation, opposition and portability.
The User may revoke the consent given and exercise the rights of access, rectification, cancellation, opposition, portability and limitation of processing by sending a written and signed request to the following address: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, or to the e-mail address xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
This request must contain the following information: name and surname(s) of the user, address for notification purposes, photocopy of National Identity Card or Passport, and the request in which the request is made. In the case of representation, this must be proven by means of a reliable document.
5.3. Adoption of security measures.
Digitalbirds adopts the security levels required by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. Notwithstanding the above, technical security in a medium such as the Internet is not impregnable and there may be leaks due to the malicious actions of third parties.
5.4. Personal data of minors.
Digitalbirds will not knowingly obtain, use or communicate personal data of persons under the age of 18 without the prior consent of the person with parental authority (parent or guardian) given through direct, offline contact. We will provide the responsible person with (i) notice of the precise type of data collected from the minor, and (ii) the ability to object to the collection, use or storage of such data in the future. Digitalbirds complies with the Convention of 20 November 1989 on the Rights of the Child, adopted by the General Assembly of the United Nations, and with Organic Law 1/1996 of 15 January 1996 on the Legal Protection of Minors, passed by the Spanish Parliament, as well as similar legislation enacted in other countries to protect minors.
6. Use of cookies.
Digitalbirds may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information relating to the preferences determined by a user during their visit to a particular website. This information is recorded in small files that are imperceptibly stored on the user’s computer equipment. Each time the user accesses the website in question again, these files are automatically activated so that the website is configured with the preferences indicated during previous visits. In short, cookies are physical files containing personal information stored in the user’s own terminal and unequivocally associated with this terminal. Cookies cannot read cookie files created by other providers.
The User has the possibility of configuring his/her browser in such a way as to prevent the creation of cookie files or to be warned when this occurs. The Portal is accessible without the need for the options relating to cookie files to be activated, although they may prevent the correct functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the Portal’s cookie files is to facilitate the User’s browsing.
7. Contacting
For any query, to express any complaint about our compliance with this Privacy Policy, or to communicate any recommendation or comment to improve the quality of our services.
If you are not aware of our Privacy Policy, please contact us by calling XXXXXXXXX . We are constantly striving to improve the tools you have at your disposal to manage the data you provide to us. Please visit this page periodically to learn about these and other new features.
8. Reporting of illegal and inappropriate activities.
In the event that the User or any other Internet user becomes aware that the linked sites refer to pages whose content or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Digitalbirds, indicating the following:
– Personal details of the caller: name, address, telephone number and e-mail address;
– Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
– In the event of violation of rights, such as intellectual and industrial property, the personal details of the holder of the infringed right when this is a person other than the communicating party.
– Express declaration that the information contained in the complaint is accurate.
Receipt by Digitalbirds of the communication provided for in this clause does not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
9. Legislation.
This Legal Notice is governed in each and every one of its aspects by Spanish law.
Legal notice
Link to the European Commission platform
in accordance with the regulation on online consumer dispute resolution.