Legal Notice

FIRST: GENERAL CONDITIONS OF USE AND ACCEPTANCE

The use of this website (the “Website”) of Cartuchos RIO, belonging to Sofiam Iberica, S.L.U. (“SOFIAM”), is regulated by these general conditions of use (the “Conditions of Use”), which must be complied with by any person accessing and/or using this Website (the “User”). The access and/or use of this Web Page requires the prior reading and full and unreserved acceptance of these Terms of Use by the User. Such reading and acceptance shall be presumed by the mere access or use of the Web Page by the User. IF THE USER DOES NOT ACCEPT THESE CONDITIONS OF USE, HE/SHE MUST REFRAIN FROM USING THIS WEB PAGE AND LEAVE IT IMMEDIATELY. Through these Terms of Use, the User is only authorized to use this Website, without granting any other right, license, permission or authorization in relation to the Website and/or the goods and/or services manufactured, marketed and/or provided by SOFIAM.
SOFIAM reserves the right to unilaterally modify, at any time it deems appropriate and without prior notice, the Terms of Use, being the User obliged to comply with the Terms of Use in force at the time of accessing or using the Website. The acceptance of the referred modifications will be presumed by the continued use of this Web Page by the User.

SECOND: PURPOSE

The purpose of this Website is to provide the User with access to various information and contents (written and graphic documentation, files, photographs, images, recordings, software, drawings, designs, graphics, audio files, image files, videos, messages, materials, etc.) related to SOFIAM and to the goods and/or services manufactured, commercialized and/or provided by the same (collectively, the “Contents”). SOFIAM reserves the right to unilaterally modify, at any time it deems appropriate and without prior notice, the Terms of Use, being the User obliged to comply with the Terms of Use in force at the time of accessing or using the Website. The acceptance of the referred modifications will be presumed by the continued use of this Web Page by the User.
The Contents are provided solely and exclusively for information purposes, without constituting, nor should they be considered, as an offer of contract or contractual content in relation to the sale, marketing and/or provision of non-metallic cartridges (RIO, BlueSteel, Vinci and Venatum) and/or services related thereto (hereinafter and collectively, the “Products”) by SOFIAM. Consequently, the User shall not interpret the Contents and/or the access to the Website as an invitation to enter into a contract or as an electronic contracting of Products, and shall not consider the Contents as a true, accurate and complete description of the Products, and shall directly contact SOFIAM or SOFIAM’s distributor for the purchase or acquisition of any Product. SOFIAM does not assume any obligation, responsibility or warranty regarding the Products, based on the Contents and/or this Website.
No e-commerce activities are permitted or conducted through this Web Site.

THIRD: USE OF THE WEBSITE

Recognizing the global nature of the Internet, the User agrees to comply with the policies of acceptable use of the network and the rules on admissible content on the Internet that may be applicable in accordance with local regulations in force at any given time. The User’s access and use of this Web Page must be governed by good faith, be in accordance with generally accepted customs and uses and public order, and be carried out in a diligent, lawful and prudent manner, so as not to cause damage or obstacles to the normal operation of this Web Page, to the Contents and/or to third parties. The User undertakes to comply with the applicable legislation regarding the transmission of technical data from the User’s country of origin. SOFIAM may deny the access to this Web Site or to any of the Contents, at any time it deems appropriate and without prior notice, if the User does not comply with these Terms of Use or does not provide the required data in the corresponding subscription form to obtain access to certain Contents.
SOFIAM urges parents and persons in charge of children to teach them how to use the Internet in a safe and responsible way. Children or minors should not access this Website or any other SOFIAM website without the consent of their parents or legal representatives. SOFIAM websites are not intended for children under the age of 18 and do not knowingly collect information from children or minors.
SOFIAM reserves the right to suspend, interrupt, modify, suspend or terminate, temporarily or permanently, at any time it deems appropriate and without prior notice, the service of this Web Site.
With regard to the Products, SOFIAM hereby communicates to the User, and the User acknowledges and declares, that: (1) the product information included in the Contents is not exhaustive, is subject to revisions on a periodic basis, and may vary depending on the particular conditions of use or maintenance of the Products (including external factors such as humidity, temperature and pressure, among others); (2) the manufacture, import, export, storage, distribution, commercialization, marketing, use and/or consumption of the Products may be subject to local restrictions and regulations and/or to the prior obtaining of the authorizations, permits and/or licenses that may be required in the relevant jurisdiction; (3) the use or handling of the Products is an activity of an inherently hazardous nature and, consequently, must be carried out by users with the appropriate level of care, experience and knowledge, who are in possession of the necessary permits, authorizations and licenses to do so, and in compliance with the appropriate prevention and safety measures and applicable regulations from time to time.
The sending of an e-mail to this Web Page and/or the response thereto shall not in itself give rise to the creation of any legal relationship. The sender of an e-mail to this Web Page should not have any expectation of confidentiality (except as provided in Condition Four of these Terms of Use) in relation to the content of his or her e-mail. The User shall not send to this Web Page any information that he/she wishes to keep confidential.
The connection of a web page to the Site and the Contents by means of a link or hyperlink introduced by the User is allowed provided that such link or hyperlink connects to the main page of the Site, that it does not reproduce such main page in any way, neither totally nor partially, nor create visualization images or similar environments. The information contained about the Website and the Contents in such link or hyperlink shall be truthful, accurate and complete, and shall not include any reference or representation that SOFIAM has authorized, supervised, assumed, accepted and approved the link or hyperlink, nor the information and/or services that may be accessed on the website or portal from which such link or hyperlink is made, since the existence of a link or hyperlink does not imply the existence of any kind of relationship between SOFIAM and the owner of the referred website or portal, nor the knowledge and/or acceptance by SOFIAM of the contents and/or services offered on such website or portal.
The Web Page makes available to the User links or hyperlinks to other websites managed and controlled by third parties, having such links or hyperlinks the exclusive function of facilitating the User the search for information, contents and services on the Internet, without in any case constituting or should be considered as a suggestion, recommendation or invitation to visit such websites. SOFIAM does not commercialize, direct, control or make its own the contents, services, information and statements available on those websites. When the User uses a link or hyperlink, he/she does it under his/her own responsibility, and the existence of such link or hyperlink in the Web Page does not entail or imply any guarantee, obligation or responsibility whatsoever in relation to such link or hyperlink by SOFIAM.

FOURTH: PROCESSING OF PERSONAL DATA

At SOFIAM (SOFIAM Iberica S.L.U. and its subsidiaries”) we work to ensure privacy in the treatment of your personal data. We have updated our Privacy Policy to clearly inform how we collect, use and keep the data of the people who contact our Organization:

4.1 Data Controller
The interested party who provides SOFIAM with personal data (the USER) through this online platform or by other means (e.g. social networks) is informed that the processing of his/her data is carried out by: SOFIAM Iberica S.L.U. and its subsidiaries (hereinafter “SOFIAM”), with CIF B-42750877 and registered office at Alto de Santa Marina, s/n, 01230 Iruña de Oca, Álava.
E-mail: dircomer@sofiamiberica.com

4.2 Data processing purposes
At SOFIAM, data processing is carried out for the following purposes, depending on the reason for which they have been provided:

Manage the commercial relationship with the client and associated services, as well as sending commercial communications regarding products or services similar to those that were initially contracted.
Send information about events related to SOFIAM.
Send SOFIAM surveys.
Manage, where appropriate, the USER’s participation in promotions, discounts, sweepstakes and contests available.
Contact the sender of the information, reply to his request, petition or query and manage the publication of queries and comments and make a subsequent follow-up.
Manage, where appropriate, the registration process of the USER in the Online Platform.
Perform, where appropriate, the USER profile to offer content, products and services in a personalized way.
Assess and manage, where appropriate, your resume for selection processes that fit your professional profile and carry out the necessary actions for the selection and recruitment of personnel.

4.3 Duration of data processing
The data for the management of the relationship with the customer and the billing and collection of services will be kept for as long as the contract is in force. Once this relationship has ended, if applicable, the data may be kept for the time required by the applicable legislation and until the expiration of any liabilities arising from the contract. The data for the management of queries and requests will be kept for the time necessary to respond to them.

The data relating to publications of comments on our products will be kept for the duration and advertising of the products or services to which they refer, unless you express your wish to have them deleted at any time.
The data for participation in contests, sweepstakes and promotions will be kept for the duration of the same, according to their specific bases, to manage their development and then until the possible liabilities arising from their realization.
The data for sending commercial communications and commercial profiling of our products or services will be kept indefinitely until, where appropriate, you express your desire to delete them.
Resume data for selection processes will be kept for the period necessary to manage the selection process in question or, in any case, for a period of one year.

4.4 Legitimacy for data processing
The legal basis for the processing of personal data is the execution of the provision of the corresponding services as well as the offering of new products or services to our customers. This legitimate interest is recognized by the applicable legal regulations (General Data Protection Regulation), which expressly permits the processing of personal data on this legal basis. The basis for sending commercial communications to non-customer users is the consent that has been requested, which may be revoked at any time. The withdrawal of such consent shall in no case affect the execution of the contract, but the processing of data for that purpose previously carried out shall not lose its lawfulness due to the fact that the consent has been revoked.

The basis for the processing of resumes is the consent given by the candidate when sending it to participate in selection processes.

However, the rights of access, rectification, cancellation, opposition to the treatment can be made by any of the means described in this Policy.

4.5 Data Security
SOFIAM guarantees an adequate level of security in relation to the risks presented by the processing and the nature of the data to be protected. Such measures are established for the prevention of any unauthorized disclosure or access, accidental or unlawful destruction or accidental loss or alteration and any other form of unlawful processing. In the event of international transfers, SOFIAM ensures that personal data transferred outside the EU/EEA are adequately protected.

4.6 Third parties
SOFIAM guarantees that access and transfer of personal data to third parties are carried out in accordance with applicable laws and regulations and with appropriate contractual safeguards.

4.7 Communication of your data
The data may be communicated to the following entities:

To SOFIAM Group companies, for the purpose of centralized management of our activities and the fulfillment of internal administrative purposes, including the processing of customers’ personal data. Also, if consent has been given, the data may be transferred to these companies in order to send commercial communications that may be of interest, according to the customer profile.
To the financial entities through which the management of collections and payments is articulated.
To the competent Public Administrations and Authorities, in the cases foreseen in the Law and for the purposes defined therein.

4.7 Rights

You may exercise your rights of access, rectification, deletion or opposition, as well as any other legally provided at any time, as well as in the event that your data are no longer necessary for the purposes for which they were collected.
Likewise, and in certain circumstances, you may request the limitation to the processing of your data, in which case, they will only be kept for the exercise or defense against possible claims before the Spanish Data Protection Agency.
To exercise any of these rights, you should send an email to dircomer@sofiamiberica.com, indicating as subject “data protection”. In your request you must indicate the right you wish to exercise and you must identify yourself properly.
We also inform you that you may file a complaint with the Spanish Data Protection Agency.

FIFTH: WARRANTIES AND LIABILITIES

The User expressly acknowledges and accepts that all Contents, including Product information, available through this Website are provided “AS IS” and “AS AVAILABLE” for access and/or use by the User, without SOFIAM making any representation or assuming any responsibility, warranty or obligation of any kind that may arise as a result of or in connection with the access and/or use of the Website by the User.
BY VIRTUE OF THIS DOCUMENT, SOFIAM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE CONTENTS AND/OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NOR DOES IT WARRANT THAT THE CONTENTS AND/OR PRODUCTS ARE ACCURATE, COMPLETE AND EXHAUSTIVE; NOR THAT THE SERVICE OF THIS WEB PAGE IS AVAILABLE AT ANY PLACE AND TIME, NOR DOES IT UNDERTAKE TO UPDATE AND/OR RECTIFY ANY ERROR OR DEFECT IN THE WEB PAGE AND/OR THE CONTENTS, NOR DOES IT GUARANTEE THAT THE WEB PAGE, THE CONTENTS AND/OR THE PRODUCTS ARE FREE OF VIRUSES, HIDDEN DEFECTS OR OTHER HARMFUL OR DAMAGING ELEMENTS, NOR THAT THE USER WILL ACHIEVE THE DESIRED RESULTS BY FOLLOWING ANY OF THE INDICATIONS AND/OR RECOMMENDATIONS CONTAINED IN THIS WEB PAGE. THE LIMITATIONS CONTAINED IN THIS CLAUSE SHALL BE APPLICABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event, under any legal doctrine, in justice or equity, shall SOFIAM be liable for any loss, misuse, injury or damage, including but not limited to special, consequential, collateral, indirect or punitive damages (including but not limited to loss of use, loss of data, business interruption or stoppage and/or lost profits), arising out of or in connection with: (i) the use of the Contents of this Web Page by the User; (ii) interference by third parties in the proper functioning of the Web Page; (iii) the improper or unlawful use of this Web Page by the User; (iv) the inadequacy of the security measures adopted to protect Personal Data against alteration, loss, misuse and/or unauthorised access, and (v) the creation or use of hyperlinks or links from or to the Web Page.
Access to this Website and the use of the Contents shall be carried out under the sole and exclusive responsibility of the User. This responsibility extends to the use made by the User of any password or key provided in order to facilitate access to this Website and/or to any of the Contents. The User shall be liable to SOFIAM for any damages that may be caused as a result of or in connection with the breach of these Terms of Use and/or applicable law by the User.

SIXTH: Export controls

The Contents are governed by applicable export and import laws and regulations. Diversion of Content in contravention of applicable law is expressly prohibited. Content accessed through this Web Site may not be acquired, sent, transmitted or re-exported, directly or indirectly, to embargoed or banned countries or their nationals, or used for dangerous activities or projects, unless expressly authorised by the competent government. The User shall strictly observe all applicable export laws and shall be solely responsible for applying for and obtaining the necessary export or re-export licences.

SEVENTH: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The content of this Website, including the Contents, is the registered property of SOFIAM. All rights reserved. The User may not reproduce, store, send, change, alter and/or modify the Contents without SOFIAM’s prior written consent. The User shall not distribute the Contents to the general public, unless SOFIAM has expressly authorised it. Any person is authorised to use, reproduce or distribute complete pages or full documents, if they consist of more than one page, of the Contents of this Website, including related graphics, under the following conditions:
Reproduction or distribution of less than a full page or full document (if more than one page) is prohibited;
All copies must bear the copyright notice of SOFIAM or the relevant owners;
Their use, reproduction and distribution shall be for information and non-commercial purposes only;
Graphic elements of pages or documents on this Website may not be used, reproduced or distributed without the accompanying text.
SOFIAM’s trademarks contained in this Website are registered and protected by law, and their use or reproduction without due authorisation from the owner of the trademark in question is strictly forbidden.
In the event of infringement of industrial or intellectual property rights of the User and/or third parties, the affected party must contact SOFIAM Iberica S.L.U. (Alto de Santa Marina s/n, 01230 Álava, Spain), by sending a notification (with the reference “Cartridges RIO de SOFIAM Website”) by registered mail with acknowledgement of receipt, describing the alleged infringement in a clear, precise and detailed manner. This notification must include the data of the affected party (full name, address, email address and telephone number), the legitimate signature of the affected party or his representative, and be accompanied by documentation or other means of proof of the alleged violation and the express statement of the affected party confirming the veracity of the content of the aforementioned notification.

EIGHTH: UPDATING THE WEBSITE

SOFIAM reserves the right to modify, alter or update, at any time it deems appropriate and without prior notice, the Contents, structure and/or design of this Website. The Contents at the date of publication do not necessarily reflect their current condition and SOFIAM does not undertake to update them. The Contents may contain errors or inaccuracies.

NINTH: Cookies

The platform does not generate cookies in the application. The expiry date is set automatically by the server. In any case, no user data is saved.

TENTH: APPLICABLE LAW AND JURISDICTION

Access to and use of this Web Page and/or the Contents is governed by these Terms of Use and by Spanish law. By accessing and/or using the Web Page and/or the Contents, the User expressly consents and accepts that such access and/or use is governed by Spanish law, leaving without effect the application of the regulations on conflicts of laws in any jurisdiction.
For any dispute that may arise from the access and/or use of the Website and/or the Contents and/or these Terms of Use, SOFIAM and the User, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Álava (Spain). The aforementioned submission is understood to be without prejudice to mandatory jurisdictions.

ELEVENTH: LEGAL NOTICE

In order to comply with the requirements of current legislation, the following general information about the owner of the website is included below:
SOFIAM Iberica S.L.U. –
(i) Registered office: Alto de Santa Marina s/n, 01230 Iruña de Oca, Álava, Spain.
(ii) E-mail: dircomer@sofiamiberica.com
(iii) Registry information: Registro Mercantil de Álava, Tomo 1.716, Folio 39, Hoja VI-20.236 Inscripción 1.
(iv) Tax Identification Code: B-42750877