Legal Notice

1. INTRODUCTION

This Legal Notice establishes the terms and conditions of use for the website www.envira.es (henceforth “the website”) owned by: ENVIRA Ingenieros Asesores S.L. (henceforth “ENVIRA IA”), C.I.F. (Code Tax number): B74378324, registered office: Parque Tecnológico de Asturias, 39 – 33192 Llanera (Asturias), registered in Asturias Commercial Register, 1st inscription, page AS-47389, folio 9, volume 4110, at the disposal of all internet users; and ENVIRA Sostenible S.A., C.I.F. (Code Tax number): A33062407, registered office: Parque Tecnológico, 47 – 33428 Llanera (Asturias), registered in Asturias Commercial Register, 1st inscription, page 1.466, folio 73, volume 542, book 534 of the 3rd section (henceforth “ENVIRA SO”).

Access to this website is free except for the cost of the network connection purchased by the user. Some products or services, exclusive to clients, have limited access. The content of this website is intended for users living in Spain and other countries where ENVIRA IA’s products and services are authorized (henceforth “the users”).

2. ACCEPTANCE

The use of this website attributes the status of user and implies the acceptance of all the terms and conditions of use established in this Legal Notice. Users must read this Legal Notice carefully every time before browsing the website, as the conditions of use here established may change. Some of the services available to the user on this website may be subject to general or particular conditions that will substitute, complete and/or modify this Legal Notice and that must be accepted by the user before accessing the product or service. Thus, if there is any contradiction between this Legal Notice and the general or particular conditions applicable to certain products or services offered on the website, these will prevail above the Legal Notice. ENVIRA IA and ENVIRA SO reserve the right to unilaterally modify, without prior notice, the terms and conditions of use and will display those changes in a prominent place of the website so they may be known by the users at the beginning of their visit.

3. USER OBLIGATIONS

The user is bound to comply with the conditions and terms of use established in this Legal Notice and with the special warnings or instructions on the website. The user must act in accordance with the law and the demands of morality and good faith, using the products or services on this website with due diligence, and abstaining from using this website in any way that may cause harm, prevent or deteriorate its normal functioning or the goods and rights of ENVIRA IA and ENVIRA SO, as well as those of their suppliers or, in general, of any third party..

In particular, without restriction of the obligations assumed by the user and according to the paragraph above, the user must comply with the following rules when using the website and its services:

  • When completing the forms on this website, the user must provide true information and update it.
  • The user must not use a false identity nor impersonate anybody else on this website, its products or services, including the use of passwords or logins belonging to third parties, or in any other way.
  • The user must safeguard the login and password provided by ENVIRA IA and/or ENVIRA SO for certain products or services, agreeing not to transmit them to third parties and accepting responsibility for any damage derived from their incorrect use. The user must also inform ENVIRA IA and/or ENVIRA SO immediately of their loss or theft, or if there is any risk of a third party having access to the login and/or password.
  • The user must not make requests for content offered by the website by any means or procedures other than those provided on the website or those usually used in the Internet, and on the condition that those means or procedures do not entail any danger of disabling the website or its contents.
  • The user must not reproduce, copy, distribute, publicly communicate or modify the contents of the website, except when authorized to do so by law, by ENVIRA IA, by ENVIRA SO or by the owner of their legal rights.
  • The user must not upload, store or distribute through the website any software, data, virus, code, hardware or telecommunication equipment or any other electronic or physical device liable to produce damages to the website, its products and services or the equipment, systems and networks belonging to ENVIRA IA and/or ENVIRA SO, other user, suppliers or any third party; or, in general, to do anything to produce any alteration in them or to prevent their correct functioning.
  • The user must not destroy, alter, disable or damage any electronic data, information, programme or document belonging to ENVIRA IA and/or ENVIRA SO, their suppliers or any third party.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

All content displayed or included on the website and, especially, any design, text, graphic, button, software, database, trade name, brand or any other sign liable to be used industrially or commercially is protected by the rights of intellectual and industrial property of ENVIRA IA, ENVIRA SO or any third party that has authorized its inclusion in the website.

ENVIRA IA and ENVIRA SO have the exclusive exploitation rights for that content, and specifically, the rights of reproduction, distribution, public communication and transformation. Without the previous and explicit authorization of ENVIRA IA and ENVIRA SO, no license can be given, no renunciation, transmission, total or partial transfer of these rights can be made, and no right or expectation of right can be granted, in particular transformation, exploitation, reproduction or public communication rights.

Any offense against the rights cited in these conditions and terms of use may result in civil or criminal court procedures.

5. POLICY ON PROTECTION OF PERSONAL DATA

All data provided through the forms at the website are collected and treated by ENVIRA IA and/or ENVIRA SO according to the Organic Law 15/1999, of 13 December, on the Protection of Personal Data, and other current regulations. Thus:

Contact Form. The user’s data collected through this form will be included in a register owned by ENVIRA IA and ENVIRA SO for the attention of queries, complaints or suggestions and the management of contacts. This involves sending commercial communications by post or e-mail about the company’s products, offers or special deals on goods and legislative services of interest for the user. If the users do not wish to receive these communications, they can check the box at the bottom of the form. In addition, each communication sent will explain the procedure for cancelling the subscription.

The users can exercise their rights to access, rectify, cancel or oppose that data by e-mail (lopd@envira.es), fax (985 98 00 51) or phone (+34 985 98 00 50).

The data with an asterisk is compulsory so, when not provided, ENVIRA IA and ENVIRA SO reserve the right to request it.

By checking the box of acceptance of the conditions in this Legal Notice, users explicitly accept that their data may be treated in the terms described above.

ENVIRA IA and ENVIRA SO Newsletter Subscription Form. The user’s data collected through this form will be included in a register owned by ENVIRA IA and ENVIRA SO whose purpose is sending commercial communications by e-mail about the company’s products, offers or special deals on goods and legislative services of interest for the user. If the users do not wish to receive these communications, each communication sent will explain the procedure for cancelling the subscription.
The users can exercise their rights to access, rectify, cancel or oppose that data by e-mail (lopd@envira.es), fax (985 98 00 51) or phone (+34 985 98 00 50).

The data with an asterisk is compulsory so, when not provided, ENVIRA IA and ENVIRA SO reserve the right to request it.

By checking the box of acceptance of the conditions in this Legal Notice, users explicitly accept that their data may be treated in the terms described above.

Quote Request Form. The user’s data collected through this form will be included in a register owned by ENVIRA IA and ENVIRA SO whose purpose is the management of potential clients and it involves sending commercial communications by post or e-mail about the company’s products, offers or special deals on goods and legislative services of interest for the user. If the users do not wish to receive these communications, they can check the box at the bottom of the form. In addition, each communication sent will explain the procedure for cancelling the subscription.

The users can exercise their rights to access, rectify, cancel or oppose that data by e-mail (lopd@envira.es), fax (985 98 00 51) or phone (+34 985 98 00 50).

The data with an asterisk is compulsory so, when not provided, ENVIRA IA and ENVIRA SO reserve the right to request it.

By checking the box of acceptance of the conditions in this Legal Notice, users explicitly accept that their data may be treated in the terms described above.

Order Placement Form. The user’s data collected through this form will be included in a register owned by ENVIRA IA and ENVIRA SO whose purpose is the management of clients and it involves sending commercial communications by post or e-mail about the company’s products, offers or special deals on goods and legislative services of interest for the user. If the users do not wish to receive these communications, they can check the box at the bottom of the form. In addition, each communication sent will explain the procedure for cancelling the subscription.

The users can exercise their rights to access, rectify, cancel or oppose that data by e-mail (lopd@envira.es), fax (985 98 00 51) or phone (+34 985 98 00 50).

The data with an asterisk is compulsory so, when not provided, ENVIRA IA and ENVIRA SO reserve the right to request it.

By checking the box of acceptance of the conditions in this Legal Notice, users explicitly accept that their data may be treated in the terms described above.

“Send Us Your CV” Form: The data sent by the users when sending their CVs will be included in a register owned by ENVIRA IA whose purpose is the management of the CVs received for later processes of staff selection. The users can exercise their rights to access, rectify, cancel or oppose that data by e-mail (lopd@envira.es), fax (985 98 00 51) or phone (+34 985 98 00 50).

By checking the box of acceptance of the conditions in this Legal Notice, users explicitly accept that their data may be treated in the terms described abov.

6. COOKIES

ENVIRA IA may use cookies during the navigation of a user. Cookies are files downloaded to the user’s computer when entering a webpage. Cookies enable websites to, among other things, store and recover information about the browsing habits of users or their computers, and, depending on the information contained and the way the computer uses that information, they can be used to identify a user.

ENVIRA IA and ENVIRA SO use the following types of cookies:

  1. Authentication cookies. They keep users logged in so they are always identified by the website (session ID). The life of the cookie lasts until the user logs out or the session ends. These cookies are directly managed by ENVIRA IA and ENVIRA SO.
  2. Analytical cookies. They quantify the number of users to measure and perform statistical analyses about how users browse the products or services offered by the website. The website’s navigation is analyzed in order to improve the offer of products and services.

These cookies are installed by means of Google Analytics, a web analytical service supplied by Google, Inc., whose central office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States of America (“Google”). The information generated by the cookie about the use of the website (including the IP address) will be directly transmitted and filed by Google in its US services. Google will use this information in the name of ENVIRA IA and ENVIRA SO for the purpose of monitoring the use of the website, collecting activity reports of the website and supplying other services related to its activity and the use of Internet.

  1. Third-party cookies. For example, those used for the acceptance of our cookies policy. If you click the button “I accept”, thanks to these cookies the warning message will not be displayed every time you enter our website.

The third-party cookies used in our website are the following:

NAME DOMAIN PURPOSE
__utma envira.es It identifies the web browser used
__utmb
__utmc
envira.es It identifies one-time users for statistical purposes
__utmz envira.es It identifies how the user arrived to the website
_icl_current_language envira.es It identifies the language of the user
accepted-cookies envira.es It identifies whether the user has accepted the cookies policy

7. HYPERLINKS

Users who wish to insert links from their own webpages to ENVIRA IA and/or ENVIRA SO must comply with the following conditions, ignorance of which will not avoid the responsibilities established by the law:

  1. The link will be only to the home page or main page, but it will not reproduce it in any way (online links, copy of the texts, graphics, etc).
  2. According to the legislation applicable and in force at the moment, it is forbidden to establish frames of any kind surrounding the page or display it at other Internet addresses, and, in any case, display it together with external contents in a way that can: (I) mislead, confuse or deceive users about the real origin of the service or its contents; (II) constitute an act of disloyal comparison or imitation; (III) benefit others from the name and prestige of ENVIRA IA and/or ENVIRA SO; or (IV) be in any other way forbidden by the legislation in force at the moment.
  3. The page inserting the link will not make any false, inaccurate or incorrect statement about ENVIRA IA and/or ENVIRA SO, their employees or the activities developed by them.
  4. In no case will the page inserting the link state that ENVIRA IA and/or ENVIRA SO have give their consent to the link or that they, in any way, sponsor, cooperate with, verify or supervise the sender’s services.
  5. It is forbidden to use any brand, both graphic or mixed, or any other distinctive sign of ENVIRA IA and/or ENVIRA SO in the sender’s website, except in the cases allowed by the law or explicitly authorized by ENVIRA IA and/or ENVIRA SO; in this case, the sender must insert a direct link to ENVIRA IA’s and/or ENVIRA SO’s website in the way established in this clause.
  6. The page establishing the link must comply with the law and it will not be allowed, in any case, to link to contents, either internal or external, that: (i) are illicit, harmful or contrary to the demands of morality (pornographic, violent, racist, etc.); (ii) may make the user falsely believe that ENVIRA IA and/or ENVIRA SO supports in any way the sender’s ideas, statements of expressions, either licit or illicit; (iii) are inappropriate or not pertinent to the activity developed by ENVIRA IA and/or ENVIRA SO as regards the place, content or subject of the sender’s website.

In any case, ENVIRA IA and ENVIRA SO reserve the right to forbid the links to their website and to demand their removal when they do not comply with the conditions required in this section.

8. RESPONSIBILITY

The user will be the only party responsible for any infractions committed and the damages produced to third parties due to the incorrect or illegal use of the website.

ENVIRA IA and ENVIRA SO do not guarantee the truthfulness, accuracy, adequacy or updating of the information collected on the website and, therefore, are not responsible for decisions made based on it nor for damages suffered by the user o by third parties based only on this information.

ENVIRA IA and ENVIRA SO will not be held responsible for any possible damage derived from interferences, omissions, interruptions, software viruses, phone breakdowns or disconnections in the performance of the electronic equipment or computers that are due to reasons external to our company; nor for any delay or blocking in the use of those systems due to deficiencies or overloads in the phone lines, in the Internet or in other electronic systems.

ENVIRA IA and ENVIRA SO will not be held responsible for damages derived from the cancellation or interruption of the services provided by the website when they are due to maintenance and/or updating operations.

ENVIRA IA and ENVIRA SO do not guarantee the truthfulness nor are to be held responsible for the consequences of the errors in the content supplied by third parties that appears in the website.

In the same way, ENVIRA IA and ENVIRA SO will not be held responsible for the contents, products or services directly or indirectly displayed on the website through electronic links (henceforth “links”), except in the cases established by the Law 34/2002, of July 11, on Information Society Services and Electronic Commerce. If any user considers that there is a link to illicit or inadequate contents, ENVIRA IA and ENVIRA SO must be informed according to the procedure established in section 10 of this Legal Notice.

Links do not imply a relation between ENVIRA IA and ENVIRA SO and the owners of the webpages linked, nor is there any recommendation, promotion or identification of ENVIRA IA and ENVIRA SO with their statements, contents or services.

ENVIRA IA and ENVIRA SO reserve the right to unilaterally remove at any time the links that appear on their website. ENVIRA IA and ENVIRA SO do not know the contents and services of the pages linked and, therefore, are not to be held responsible for damages produced by their unlawfulness, quality, outdating, unavailability, error or uselessness, nor for any other damage not directly attributable to ENVIRA IA and ENVIRA SO.

ENVIRA IA and ENVIRA SO are not to be held responsible for any possible discrepancy between their printed documents and the electronic copies published on the website. In case of discrepancy, the written version will prevail over the electronic one.

ENVIRA IA and ENVIRA SO are not to be held responsible for the way minors may use the website. ENVIRA IA and ENVIRA SO are not responsible for the fact that the contents of the website may hurt minors’ sensibilities. It is the parents’ responsibility to ensure the correct use of a tool such as Internet and to be with the minors during their browsing.

ENVIRA IA and ENVIRA SO hold no responsibility for the cookies installed on the user’s hard drive by third parties.

9. WEBSITE UPDATING

ENVIRA IA and ENVIRA SO reserve the right to update, modify or remove the information on the website, and they can even limit or deny access to the information, temporally or definitively.

The information in this website is valid on the date of its last update and must be considered by the user as orientative as regards the products and services or other information in the page. The user can check the update date of any information by requesting it in the website’s mailbox.

10. COMMUNICATIONS

For the purposes of this Legal Notice, and for any communication between ENVIRA IA and ENVIRA SO and the users, they must contact ENVIRA IA and ENVIRA SO through the e-mail address lopd@envira.es or the fax +34 985 98 00 51.
ENVIRA IA and ENVIRA SO communications to the user will take place according to the data provided by the user.
The user explicitly accepts, for all communications related to the use of the website, the e-mail address as a valid procedure to send those communications.

11. APPLICABLE LEGISLATION

These conditions will be ruled by the Spanish legislation.

12. GENERAL CONTRACTING CONDITIONS

1. Scope and acceptance

These General Contracting Conditions (General Conditions) regulate the contracting of products or services through the website www.envira.es.
These General Conditions are complemented by the General Conditions of Use of the website www.envira.es that are detailed in this Legal Notice and appear at the bottom of every page on the website. The clients agree to consult this document every time they visit the website.
The access to www.envira.es in order to contract the products or services offered is free, except for the cost of the network connection purchased by the user.
The data of the website’s owner, who has the position of seller or lender, is the following:
ENVIRA Ingenieros Asesores, S.L. (ENVIRA IA)
CIF B74378324
Parque Tecnológico de Asturias, 39
33192 – Llanera (Asturias)
Asturias Commercial Register, 1st inscription, page AS-47389, folio 9, volume 4110.

ENVIRA Sostenible, S.A. (ENVIRA SO)
CIF A33062407
Parque Tecnológico de Asturias, 47
33428 – Llanera (Asturias)
Asturias Commercial Register, 1st inscription, page 1.466, folio 73, volume 542, book 534 of the 3rd section.

In order to contract a product or a service online, the user must fill in the Order Placement Form and the Order Placement Confirmation Form and accept these General Conditions.
The user that fills in the Order Form and the Order Confirmation Form and accepts these General Conditions will be classed as a client.
ENVIRA IA and ENVIRA SO will file all the electronic documents regarding the contract, which will be available to the client if requested.
ENVIRA IA and ENVIRA SO reserve the right to unilaterally modify, without prior notice, these General Conditions, informing their clients about the new Conditions by publishing them in a prominent place of the website’s User Area.

2. Contracting procedures

In order to contract online, the client must fill in and send the Order Placement Form on the website.
After sending this form, the client must also fill in the Order Placement Confirmation Form to verify the data and to choose the means of payment.
If the client chooses to pay with a credit card, the website will connect to the bank’s Point of Sale (POS) to make the payment. Within three (3) working days (at ENVIRA IA and/or ENVIRA SO’s central offices) of the reception of the payment, ENVIRA IA and/or ENVIRA SO will send an e-mail to the client confirming the registration in the product or service selected and providing the login and password to enter. The client will also receive a welcome e-mail with a remainder of the basic features of the product or service.
Having received the registration e-mail, the client can enter the product or service purchased at www.envira.es (User Area) with the login and password supplied. Both are personal and non-transferable, and it is the client’s duty to ensure their correct use and confidentiality. The client will be the only party responsible for the loss, theft or unauthorized use of the login and password, and for the possible consequences. If the client suspects that the login and password are known by third parties, the password must be immediately changed.
The login cannot be modified, while the password can be modified by the client at the user area. Thus the previous passwords will no longer be valid.
The contract will be considered sealed when the client sends the Order Placement Confirmation Form.
A client can only be a natural person older than eighteen (18) or a corporate person with sufficient capacity to be subjected to these General Conditions.
ENVIRA IA and/or ENVIRA SO reserve the right to cancel the registration of any user that breaches these General Conditions or the Website’s Conditions of Use.

3. Characteristics of the products or services

All the products and services that can be purchased online at www.envira.es appear with a description of their main characteristics and price, which, unless otherwise specified, include the Value Added Tax (VAT) or other indirect taxes applicable.
The demos displayed online are partial and only for identifying and descriptive purposes, and they may be different from the services finally rendered.
Offers will be identified as such and their validity will be explicitly mentioned in them.
ENVIRA IA and/or ENVIRA SO reserve the right to unilaterally modify, at any moment and without prior notice, the price of their products or services, as well as to stop or cancel their sale.
After entering the product or service purchased at www.envira.es (User Area) with the login and password, the client cannot resign or withdraw from the contract due to the exceptions stated in the applicable regulations.

4. Period of validity

The contract will be valid for the period of time specified in the description of the product or service or, if not stated there, for one (1) year from the date of the Order Placement Confirmation Form.
One month before the end of the contract, ENVIRA IA and/or ENVIRA SO will send the client an e-mail announcing the expiration of the validity period. The client, if interested in using the product or service for one more year, will have to purchase it online again or renew it with a payment for the updated price (by direct debit or bank transfer).

5. Prices and means of payment

5.1. Prices

The prices of the products or services will be those valid when the contract is sealed, i.e., on the day the client sends the Order Placement Confirmation Form, regardless of the first access to the product or services purchased.
All prices that appear at www.envira.es, unless otherwise specified, will include the Value Added Tax (VAT) or other indirect taxes applicable.

5.2. Means of payment

The client can pay by a bank transfer to the account number provided by ENVIRA IA and/or ENVIRA SO or by credit card, whose data must be given to the virtual POS in a secure environment as the last contracting step if the client chooses this means of payment. The charge to the credit card will take place as soon as the order is completed.

6. Duties of the client

The client agrees to use the product or service purchased with due diligence, avoiding in any case any attempt that is against the law, morality, public order and the rights of ENVIRA IA and/or ENVIRA SO. The client also agrees to comply with the Security Policy at www.envira.es (User Area). The client will communicate these obligations to any staff with access to the product or service purchased and will be held responsible for any breach of them by ENVIRA IA and/or ENVIRA SO.

7. Guarantees and responsibilities

All products and services that can be purchased at www.envira.es offer the due guarantees, which the client can reclaim as established by the law.
ENVIRA IA and/or ENVIRA SO will be held responsible for the damages attributable to them as a consequence of fraud or gross negligence. Apart from those cases, ENVIRA IA and/or ENVIRA SO’s responsibility will be the following.
ENVIRA IA and ENVIRA SO provide the contents included in the products or services commercialized at www.envira.es with professional diligence and all their knowledge. However, because of the continuous improvement and updating of the contents, the dynamic management of the products or services and also the nature of online resources and the definition of added-value services, it is not possible to guarantee the complete absence of typographical errors or inaccuracies in all content at all times.
Besides, the analysis and comments, particularly those of a legal nature, may be subject to different criteria and not be shared by everybody. Only the printed legal text from the Official Bulletins includes all the valid legal texts. The products or services include tasks of legal consolidation, combining the regulations, their modifications and their corrections in one document with no official status. This means that the regulations are not presented such as they are published in the official documents.
The texts offered have been prepared to be used as a tool with documentary value but no legal validity. For legal purposes, the client must read the official texts published. Besides, some of the content comes or may come from information sources whose quality cannot be controlled by ENVIRA IA and ENVIRA SO.
For these reasons, the client must ensure by adequate means that the decisions based on these information resources are well founded. ENVIRA IA and ENVIRA SO do not accept any responsibility in these cases except the responsibility derived from the duty to work with high levels of quality, diligence and expertise, or the responsibilities established in the contracts agreed with their clients.
ENVIRA IA and ENVIRA SO will be free from any responsibility derived from anomalies due to actions or omissions committed by the client or any third party, as well as those that are a direct or indirect consequence of the incorrect use or manipulation of the products or services purchased.
ENVIRA IA and ENVIRA SO will not be held responsible for damages derived or produced, partly or totally, as a consequence of the inaccuracy or incompleteness of the information provided by the client or if the client’s behaviour is fraudulent, negligent or contrary to good faith. They will not be held responsible either for any breach of contract due to unexpected or unavoidable, although expected, circumstances.
ENVIRA IA and ENVIRA SO will not be held responsible either for the problems with the access or those inherent in connections to the Internet or power supply when these problems are external to them and cannot be controlled or expected, or being expected, ENVIRA IA and ENVIRA SO have taken all the reasonable measures to avoid them, or for problems considered as fortuitous or force majeure.
ENVIRA IA and ENVIRA SO reserve the right to suspend the access to the product or service purchased, previously alerting the client, when it is necessary to make repairs, improvements or updatings. Neither responsibilities nor obligations of compensation may be derived from this.
The eventual responsibility of ENVIRA IA and ENVIRA SO will be only to the client and will be limited to the direct damages really produced, excluding loss of profit, loss of business and reputational damage. The maximum limit for this responsibility will be the annual amount paid by the client for the service or product purchased which has generated the responsibility.

8. Intellectual property

The products or services that can be purchased at www.envira.es are a database, a software programme and particular applications and documentation related with legislative content. All of this is protected by the Law on Intellectual Property.
ENVIRA IA and ENVIRA SO are the lawful owners of the rights of intellectual and/or industrial property over those products or services.
(1) Software and database
ENVIRA IA and ENVIRA SO will give the client a user license for the software and the database supporting the product or service purchased in the following terms:
a) The license will be non-exclusive, world-wide and during the validity of the contract, and it cannot be transferred.
b) The license gives the client the right to use the software and the database only to use the product or service in the terms described at www.envira.es. Besides, the client will also have the right to make copies of the user handbooks or any other technical document related to them, but only for personal use.
c) The software and the database can only be used for the number of centres purchased by the client. If the client wishes to increase the number of centres, a new contract will be drawn up.
d) The client will not have access to the source code supporting the software or the database.
e) The client cannot copy nor reproduce, totally or partially, by any means or in any transitory or permanent way, the software or the database supporting the product or service purchased. The exception is the hardware backup copy, which will be performed under the terms established in the law.
f) The client cannot distribute, publicly communicate, modify, adapt, transform or change the software or the database in any way.
g) Except in the cases established by the law, the client cannot perform operations of engineering, disassembly, decompilation, decoding, unscrambling or any other similar and with the same purpose as those cited above about software.
h) The client cannot use the product or service purchased to develop, either directly or through a third party, a software, database or technology whose performance is identical or similar to this. In particular, the client can neither develop nor authorize the development of successive versions of the software, nor derived from it.
i) The client cannot give the license, hire it or in any way transmit it temporally or definitively or perform any act of exploitation.
j) Notwithstanding the paragraphs above, the client will abstain from performing any act that does not imply the exclusive and only satisfaction as user of the product or service purchased.
(2) Contents
The legal texts (general legislation and specific regulations) included in the product or service purchased are not subject to rights of intellectual property and, therefore, can be reproduced, distributed, publicly communicated and transformed by the client if these acts are exclusively limited to the legal text and do not imply the extraction and/or reuse of the total or partial content of the database, if they do not imply an act contrary to normal exploitation and if they do not damage the rights or interests of ENVIRA IA and ENVIRA SO or any third party.
However, the consolidated texts, the legal requirements or obligations written by ENVIRA IA and ENVIRA SO and the comments or notes about these texts are subject to rights of intellectual property. ENVIRA IA and ENVIRA SO guarantee that they are the legal owners of these rights and give the client a user license over them, which only permits the client to consult, reproduce and modify them in documents for internal use. This license is non-exclusive, world-wide and during the validity of the contract, and it cannot be transferred.
On the other hand, the client guarantees the ownership of the rights of intellectual property about the voluntary regulations and the documents and comments provided to ENVIRA IA and ENVIRA SO to be inserted in the product or service purchased or directly stored in it. The client gives to ENVIRA IA and ENVIRA SO a user license that is non-exclusive, world-wide and during the validity of the contract, and it cannot be transferred. This license will only permit ENVIRA IA and ENVIRA SO to reproduce the cited regulations, documents or comments to be stored at the client’s disposal.

9. Protection of personal data

The technology in ENVIRA IA and ENVIRA SO can guarantee the protection of their clients’ data from third parties. Besides, the company is committed to the safekeeping of the confidentiality of the data provided.
In compliance with the Organic Law 15/1999, of 13 December, on the Protection of Personal Data, ENVIRA IA and ENVIRA SO inform their clients that personal data collected through forms filled in for purchase will be included in a register owned by the company, whose purpose is the management of clients as well as commercial communications by post or e-mail about the company’s products or offers or special deals on goods and legislative services of interest for clients. If the clients do not want to receive these communications, they can state this when filling the form or when receiving the communications, by the means established by ENVIRA IA and ENVIRA SO.
The clients can exercise their rights of access, rectification, cancelation and opposition about their data by sending a written statement to ENVIRA Ingenieros Asesores, S.L. Parque Tecnológico de Llanera, 39 – 33428 Llanera (Asturias), lopd@envira.es, to the fax number 985 98 00 51 or by phone on 985 98 00 50.
In case that the products or services purchased by the clients allow them to store personal data in the systems belonging to ENVIRA IA and ENVIRA SO, these companies will hold the position of Data Controller and will agree to treat the data in the following terms:
a) They will treat them only as instructed by the client.
b) They will not apply them nor use them for any other purpose except for the delivery of products or services purchased by the client.
c) They will not communicate them, not even for storage, to other people, excepting public bodies or private entities in compliance with the law or for tasks requested by the client.
d) They will maintain professional secrecy, complete confidentiality and reserve as regards the data. Besides, ENVIRA IA and ENVIRA SO agree to inform the staff working in the data treatment that they are bound to maintain professional secrecy. These obligations will subsist even after the end of their relationship with the client.
e) They will adopt and implement the technical and organizational measures needed to guarantee the security of the data and avoid their alteration, loss, unauthorized treatment or access, taking into account the state of technology, the nature of the data stored and the risks involved, whether from human action or the physical or natural environmental.
The client explicitly authorizes ENVIRA IA and ENVIRA SO to store personal data in their software systems or supports, including portable devices, and to treat that data outside the site where the files are located when this is made only in compliance with the obligations established by the product or service purchased. In case that ENVIRA IA and ENVIRA SO uploaded this data to their software systems or supports, they would have to state it in their Security Document and adopt the security measures needed in compliance with the law.
The client can request an audit at the site of ENVIRA IA and ENVIRA SO to verify that all security measures established by the law are taken. For this purpose, ENVIRA IA and ENVIRA SO, at the client’s request, will offer the facilities where the data is handled and all the documentation required to verify the compliance with the security measures. That verification can be performed by the client’s own staff or the client can hire an independent third party, duly qualified and subject to confidentiality.
f) Once the contract has finished, ENVIRA IA and ENVIRA SO will maintain the data, duly blocked, for five (5) years in order to respond to possible responsibilities. After that period, the data will be destroyed with the due security measures.

10. Termination

The contract will be terminated once the agreed period of time has expired. If the client unilaterally terminated this agreement with no previous breach of contract by ENVIRA IA and ENVIRA SO or if these terminated it because of the client’s breach of contract, ENVIRA would have the right to retain all the money paid as a penalty, notwithstanding the compensation for damages that could be applied.
Once the contract has expired, ENVIRA IA and ENVIRA SO will deactivate the client’s access to the products or services purchased from the expiration date and will not have the obligation to give legislative or any other kind of information included in those products or services.
The client’s information included in the products or services purchased will be preserved by ENVIRA IA and ENVIRA SO during five (5) years from the termination of the contract, and after that period it will be destroyed. During that time, as regards personal information, ENVIRA IA and ENVIRA SO will comply with the requirements established in the LOPD (Organic Law for Data Protection).

11. Customer service

The client, in any doubt about these General Conditions or any matter related to the products or services purchased online, can contact us by phone (+34 985 98 00 50) or e-mail (lopd@envira.es).

12. Law and Jurisdiction

These General Conditions are subject to Spanish laws, which will be applicable to any matters not cited above as regards their interpretation, validity and execution.
Except if the client is a consumer, in which case the competent jurisdiction will be that established by the regulations on consumption, the parties, explicitly renouncing any possible jurisdiction, shall be subject to Oviedo Courts of Law (Asturias, Spain) for the resolution of conflicts related to the product or service purchased.