Terms and Conditions

LEGAL NOTICE

 

Legal information

Pursuant to the provisions of Act 34/2002, of July 11, on Information Society Services and E-Commerce, the legal information of the owner responsible for this website (“Website”) is indicated below:

  • Company name: KATEGORA RENTALS, S.L.U (“Kategora Rentals”).
  • Registered address: Gran Vía Don Diego López de Haro 2 – 8º izq., 48001 Bilbao (Bizkaia).
  • Spanish Tax ID number [C.I.F].: B-01893577
  • Contact information: 944 245 378 / info@kategora.com

Terms of Access

This Legal Notice contains and governs the access to and browsing of the Website (“Terms of Use”). Browsing the website confers the status of user (“User”) to the visitor and implies full and unconditional acceptance of the Terms of Use established in this Legal Notice upon accessing the Website.

Browsing the Website and consulting the content available on it does not require prior User registration and is done voluntarily and under the sole responsibility of the User. This website is intended for persons of legal age.

Intellectual and Industrial Property

Users acknowledge and accept that the Website, including its design, programming and structure as well as videos, photographs, images, texts, logos, brands and content hosted and/or available therein (“Content”) are protected by intellectual and/or industrial property rights and belong to Kategora Rentals or third parties that grant Kategora Rentals authorization to use them.

Under no circumstances shall it be understood that accessing and browsing the Website grants the User any intellectual or industrial property rights over the Content, nor does it imply a full or partial waiver, transfer or assignment of any intellectual and/or industrial property rights by Kategora Rentals. Users only have a strictly private and non-commercial right to browse the Website and consult and view the Content available therein. Unless written authorization is given by Kategora Rentals, the use, copy, reproduction, transformation, distribution, commercialization, public communication, making available, extraction and/or commercial use of the Content available on the Website, through any channel or procedure, is completely prohibited.

The “Nivaria Beach” trademark is managed by Kategora Rentals. The trademarks, logos and/or distinctive signs or content related to third parties outside of Kategora Rentals that may exist on the Website are property of its legitimate owners and are protected by Law, their use being strictly prohibited without the express consent of its corresponding owners. Under no circumstances does access or use of the Website grant the User any right over the trademarks, logos and/or distinctive signs included therein.

Prohibitions

The User undertakes to use the Website in accordance with the Law and the Terms of Use established in this Legal Notice. The following are strictly prohibited (including, but not limited to):

  • Use the Website or its content and features in a way and for purposes contrary to the Law, morality, public order or these Terms of Use and, in particular, for the publication, transfer, sending and/or dissemination of information, data, messages, sound and/or image files, recordings, software or content that violates the law or industrial or intellectual property or personal rights of third parties, or that are obscene, racist, sexist, defamatory, pornographic, denigrating or offensive or that incite or may facilitate unlawful or fraudulent conduct of any kind;
  • access, interfere with, manipulate or use any area of the Website that is not of a public and/or vocational nature or any areas to which it has not been granted access as well as any act that violates, circumvents or manipulates the operation and security of the Website;
  • attempt to probe, investigate, analyze, explore or test the vulnerability of the Website or of any system or network related thereto, or break or try to break or avoid any barrier or security or authentication measure;
  • damage or threat of damage by inserting viruses, programs, macros or any sequence of characters in order to damage or alter the Website’s computer systems, or hinder the access of other users through the massive consumption of resources;
  • reproduce, copy, distribute or commercially exploit the content available on the Website as well as allow public access thereto through any form of public communication without the express authorization of the owner of the corresponding rights as well as perform unfair competition and illegal advertising actions; or
  • try to decipher, decompile, disassemble or reverse any software engineering for the operation of the Website.

Links

The website may include technical linking devices that allow Users to access Internet websites managed by third parties outside of Kategora Rentals (“Linked Sites”). Linked Sites are not owned or controlled by Kategora Rentals; therefore, Kategora Rentals is not liable for the quality, up-to-dateness, availability, lawfulness and/or usefulness of the content and/or services of the Linked Sites.

The existence of Linked Sites on the Website does not imply the approval, recommendation, promotion, affiliation or sponsorship of such Linked Sites, nor does it imply the existence of any type of relationship between Kategora Rentals and the manager of such Linked Sites. The use of the content and/or services available on Linked Sites will be, where appropriate, regulated by the notices, terms and policies shown on these Linked Sites.

Warranty exclusions

Kategora Rentals may temporarily restrict or interrupt access to the Website or Content at any time and without prior notice, whether due to technical, security, control and maintenance reasons, to power failures or to any other well-founded cause. Under no circumstances shall Kategora Rentals be held liable for the discontinuity or unavailability of the Website. Kategora Rentals may also suspend or definitively cancel, at any time, access to the Website as well as eliminate Content available on it, without the need for prior notice or any right to compensation.

Although reasonable efforts will be made to make the Website’s content available, up-to-date and error-free, Kategora Rentals does not guarantee the full reliability, usefulness, accuracy, up-to-dateness or continuity of the features and content available on the Website at all times. Likewise, despite the fact that the Website has reasonable measures and technology to ensure safe browsing, given the nature of the Internet, it is impossible to guarantee that the Website is free of vulnerabilities or guarantee the absence of viruses or harmful components on the server that maintains it.

Kategora Rentals is not liable for and rejects all liability for damages, losses or incidents that the Users may suffer as a consequence of: (i) the use made by the User, under its sole responsibility, of the content available on the Website in breach of the Terms of Use herein or applicable law; (ii) the possible security errors or consequences that may occur due to the use of outdated versions of software or malfunctioning of the User’s computer/device, whether due to improper configuration settings, the presence of computer viruses or any other cause outside the control and responsibility of Kategora Rentals; (iii) Website interruptions, delays, errors or malfunctions derived from updating or technical maintenance of the Website or from causes external to Kategora Rentals or situations of force majeure (power cuts, telecommunications network outages, cyberattacks, etc.); and (iv) of the content and/or messages that the Users transmit and/or send to Kategora Rentals via the contact channels available on the Website.

Content published on this Website may be based on information from both its own as well as third-party sources, and may not be fully updated at all times. Kategora Rentals rejects any type of responsibility for inaccuracies or omissions in the Website’s content. The content published by Kategora Rentals on this Website is merely informative/informational and may not, under any circumstances, be considered or understood as professional advice.

Modifications

Kategora Rentals reserves the right at any time to modify the Terms of Use herein, either to adapt them to possible new legislation caused by technical modifications to the Website or its features or as a consequence of a change in the nature of the services available on the Website, by publishing the current Terms of Use on the Website. It is the sole responsibility of the User to consult the latest version of the Terms of Use each time it accesses the Website.

Applicable Legislation

These Terms of Use are governed by Spanish law. Any dispute concerning the validity, interpretation or execution of the provisions or related to the use of the Website will be submitted to the exclusive jurisdiction of the Courts of the city of Bilbao, without prejudice to the rights that Users may have in their capacity as consumers.

PRIVACY POLICY

In accordance with Regulation (EU) 2016/679, 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, this Privacy Policy contains information to help you clearly and easily understand what type of personal data we collect, what we use them for and what your rights are.

Controller

The controller of the personal data you provide us is KATEGORA RENTALS, S.L. (“Kategora Rentals”), a company with registered office at Gran Vía Don Diego López de Haro 2 – 8º izq., 48001 Bilbao (Bizkaia). You can find our contact information on our website www.kategora.com.

Data categories

Browsing the website does not require user registration; therefore, people visiting the website do not need to give us any personal data to browse through it and consult the information published on it.

Kategora Rentals will only collect the personal data that data subjects voluntarily provide us when they fill out the contact form, subscribe to our newsletter or send us any requests or questions through our contact channels. In general, the personal data that we process is limited to identification or contact information (such as your email address when you subscribe to our newsletter) or your name, email address and phone number when you fill out the contact form. Kategora Rentals will only ask you for personal data that is necessary for properly managing and responding to your requests and questions. The mandatory data will be marked on the form.

If you decide to hire our services, we may request your personal data that, in each case, may be necessary for the provision of our services, to manage our relationship with you as a client for administrative and invoicing purposes and to comply with our legal obligations and internal procedures. These data my include your first and last name, marital status, ID number [DNI] and/or economic data. The personal information that we process will vary depending on the scope of the consulting services we provide and will also depend on if you are hiring our services personally as a natural person or if you are doing so as a businessperson or acting on behalf of a company.

If you wish to work for us and decide to send us your CV, we will process the personal data in the job application and will include your identification and contact information as well as information about your education and professional experience.

Purposes and legitimate basis

How we use your data will depend on the purpose for which you have provided them to us in each case. Below, we explain the purposes for which we will use your data in each case and the legal legitimate basis:

  • Questions and contact: When you contact us, we will use your identification and contact information to handle your requests, answer the questions you communicate to us or send you the information requested. In this case, the legitimate basis is the consent you give us by voluntarily providing us with your data, and our legitimate interest in properly responding to all the questions and requests we receive.
  • Newsletter and commercial communications: When you subscribe to our newsletter or, when filling out the contact form, you indicate your interest in receiving our commercial and informative communications, we will use your contact information on the basis of your consent to periodically send you information by email on our services, promotions and activities and keep you updated on news and developments related to our business that might be of interest to you. In any case, you can decide at any time to unsubscribe from our newsletter by clicking the “unsubscribe” option included in all the communications we send you.
  • Job applications: If you decide to send us your CV, we will use the data you provide us to evaluate your profile, assess your possible incorporation into our company and notify you of any open selection processes or future vacancies. In this case, the legitimate basis is the consent you give us when voluntarily providing us with your data, and our legitimate interest is assessing if your profile and training fit any vacancies we have at that time or may have in the future.
  • Clients: If you hire our professional services, we will use your data to manage the contractual relationship that you, as a client, initiate with Kategora (i.e. to provide our services and manage our relationship with you) for internal administrative and operational purposes, invoicing and charging for our services, to fulfill the legal obligations to which we are subject and to keep you informed about our services, promotions, news and activities similar to the services you have contracted with us. In this case, the legitimate basis is the execution of the contractual relationship established with us when becoming our client, fulfillment of the legal obligations derived from said relationship and our legitimate interest in keeping our clients informed about our activities and services. In the latter case, you may object at any time to receiving our commercial communications by email by clicking the unsubscribe option in the communications we send or by sending an email to info@kategora.com with “unsubscribe newsletter” in the subject line.

Data storage

We will only process your personal data for as long as we need it to comply with the purposes for which you have provided us with them, in each case, as described in this Privacy Policy or to comply with the legal obligations to which we are subject. When we no longer need to use your information, we will delete it or keep it properly blocked while we need to store it for compliance with our legal obligations or defense against legal claims.

If you send us your CV and we have no vacancies that fit your profile at that time, we can keep it for a maximum period of two years (unless you request us to delete it before) to keep you in mind or inform you of future selection processes. Once that period has elapsed, or at the moment you notify us of your request (whichever occurs first), we will delete your CV and any other information that you have provided us.

If you are or have been our client, we will process your personal data while our contractual relationship is in force and we will keep them as long as legal or contractual responsibilities may arise from said relationship or the legislation in force in each case so requires (for example, to fulfill our accounting and fiscal obligations). For the commercial and informative communications we send, we will only use the contact information until the data subject decides to unsubscribe.

Recipients

Kategora Rentals will not transfer personal data to third parties, unless the data subject expressly authorizes it or when it is mandatory for compliance with a legal obligation or a court order. If mandatory, we may occasionally share certain personal data with our clients when it is necessary for the proper performance of the services hired: for example, depending on the nature of the professional assignment entrusted to us, it may be necessary to send some personal information to notary publics, registrars, lawyers, financial entities or other companies or professionals involved in the operation or matter related to the services we provide. In such cases, we will be limited to sharing only the data that are strictly necessary to fulfill our obligations within the framework of the services we provide. If we provide professional services for operations related to assets located outside of Spain, the personal data may be transferred to said countries (in an international transfer), provided that it is necessary for the execution of the professional assignment entrusted to us.

On the other hand, like any other company, Kategora Rentals needs to use outside suppliers that may potentially have limited access to some of Kategora Rentals’ business information, which may include personal data. In any case, these suppliers will only access said information in order to provide us with their services (for example, document management and storage services, email services or external audit services) and will process such data under our instructions and in a confidential manner. If we use suppliers located outside of the European Economic Area, we take additional measures to use suppliers located in countries that adhere to standards (such as the Privacy Shield between the US and the EU) that the European authorities deem comparable to the guarantees offered in the European Union (such as Hubspot, a US entity that adheres to the Privacy Shield and provides us with CRM and email marketing tools).

Obligations

When you provide us with your data, you must give us lawful, correct and up-to-date information. Kategora Rentals rejects any type of liability derived from the contribution of false, inaccurate or outdated information. You must refrain from providing us with the personal data of third parties and, if you do, you must notify them, in advance and under your sole responsibility, of the points set out in this Privacy Policy and obtain their consent to do so. In no way will we be liable for the possible consequences should you fail to do so.

Rights

You may at any time exercise the rights granted to you in the current legislation before Kategora Rentals, sending a written request to our mailing address together with a copy of your DNI or equivalent official document.

These rights include the following possibilities:

  • Request access to your personal data, update them or rectify them if they are inaccurate;
  • Object to us processing your information for certain purposes;
  • Request the restriction of processing in certain cases;
  • Request their erasure if the data are not necessary for the purposes for which they were collected; and
  • Under certain circumstances, request the portability of the personal data.

You also have the right to object, at any time, to receiving our commercial communications by clicking on the unsubscribe option included in all the communications we send by email or by sending an email to info@kategora.com with “unsubscribe newsletter” in the subject line.

Likewise, you have the right to file a claim before the Spanish Data Protection Agency [Agencia Española de Protección de Datos] (www.aepd.es) if you believe the applicable regulations have been breached.

Minors

We do not voluntarily collect or process the personal data of minors unless they prove that they have the authorization of their parents or legal guardians. Given that we do not have the means to verify the age of those who provide us with their data, we assume that, by giving us your data, you guarantee that you are over the age of 18. In any case, we may request that you prove your age if we have reasonable doubts or suspicions.

COOKIES NOTICE

What are cookies?

Cookies are small text files widely used on the Internet that are downloaded onto the user’s device (computer or mobile device) when visiting a website. Some are strictly necessary for a website to function properly and others are for analyzing and optimizing its performance or personalizing the user experience. Cookies are associated with a browser and do not in themselves provide users’ personal data.

Among other things, cookies serve to remember language preferences and other configuration settings without needing to manually change them each time a website is visited, access restricted areas or services without needing to register during each visit, measure a website’s traffic and collect statistical information, watch videos or share content on social media and offer content that is better tailored to the interests and browsing habits of the user.

What types of cookies exist and what are they for?

Detailed below are the types of cookies used, categorized by the following purposes:

Technical cookies: These cookies enable the user to browse a webpage and make it possible to use the different options or services available on it. For example, they control traffic, identify the session, use security elements during browsing, remember characteristics of the last visit or share content through social networks. They are also called strictly necessary cookies because a webpage cannot function properly without them.

Personalization cookies: These cookies enable the user to access the service pursuant to certain general, pre-defined characteristics according to a range of criteria on the user’s computer, such as, for example, language, browser used to access the service or regional configuration settings from where the service is accessed. These cookies make the appearance or operation of the website adapt to these pre-defined characteristics.

Analysis cookies: When properly processed by the website owner or third parties, these cookies help understand how visitors use a website and measure its traffic, collecting aggregated statistical information to optimize its performance and improve the user experience. They quantify the number of visitors, know which pages are viewed the most, calculate the average time of each visit or know the geographic origin of each visit.

Advertising cookies: When properly processed by the website owner or third parties, these cookies enable management, in the most efficient way possible, of the advertising offered on the website based on criteria such as edited content or how frequently adds are shown, and measure  their effectiveness. For example, they prevent the same ad from being repeatedly shown to the same visitor and show how they interact with ad content.

Behavioral advertising cookies: When properly processed by the website owner or third parties, these cookies enable management, in the most efficient way possible, of the advertising space that, where appropriate, the editor has included on a web page from which the requested service is provided. These cookies store user behavior information obtained through continuous observation of online user browsing habits, thus enabling the development of a specific profile to show advertising and content tailored to its interests.

Two types of cookies can be distinguished by the length of time they remain active:

Session cookies: These types of cookies are downloaded temporarily while the user accesses and makes use of the website to enable the user to efficiently browse from one page to another or remember the configuration setting preferences they select (for example, remember a list of products added to the shopping cart). These cookies are usually deleted when the browser is closed.

Persistent cookies: After the user finishes browsing the website, these types of cookies continue to be stored on the computer for a period defined by the cookie’s controller, which can range from a few minutes to several years. These cookies usually remain until the user or the browser deletes them and can be used to help the web pages remember that you have visited them before.

What cookies are used on this website?

 

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In particular, this website uses cookies via Google Analytics, a service provided by Google. Through this service, Google uses cookies that collect information, including the IP address of the user’s device, and generates an anonymous user ID that will be processed by Google to collect statistical information on how the website is used. With the information obtained via the analytical cookies, Google will provide us with aggregated and anonymous information that is not associated with any IP address or any personal data that would enable us to identify the visitor; instead, it allows us to know, anonymously, the number of times the website is visited, which pages are viewed the most and if the visitors are new or have previously accessed this website. More specifically, this website uses the following analytical cookies:

Google determines the operation of the Google Analytics service in accordance with its own policies and conditions. We cannot control and are not responsible for the content and accuracy of Google’s terms and conditions and privacy policies. For more information on the Google Analytics service, click on the following link: https://support.google.com/analytics/answer/6004245?hl=es&ref_topic=2919631. You can also install the Google Analytics Opt-out tool in the browsers, which prevents Google Analytics from collecting information about your visits to other websites that use this service: https://support.google.com/analytics/answer/181881?hl=es&ref_topic=2919631

What options do you have concerning cookies?

Visitors can consult the types of cookies used on this website and modify their preferences through a cookies configuration panel accessible through the notification displayed when accessing the website or clicking on the button available at the bottom of the main page.

Likewise, visitors can decide how to manage the cookies on their computer at any time by configuring their browser options to allow, block or delete cookies as well as use specific tools to enable certain types of cookies to be blocked. To facilitate access to these options, we offer the following information with instructions on how to configure and manage the cookies in some of the most common browsers:

Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. See Microsoft support or browser’s Help pages for more information.

Firefox: Tools -> Options -> Privacy -> History -> Personal Settings. See Mozilla support or browser’s Help pages for more information.

Chrome: Settings -> Show advanced settings -> Privacy -> Content settings. See Google support or browser’s Help pages for more information.

Safari: Preferences -> Security. See Apple support or browser’s Help pages for more information.

If the visitor does not have their browser configured to prevent the installation of cookies or does not have a specific tool installed to prevent their installation, by accepting or closing the cookies notification displayed when accessing the website for the first time, consent will be given to install the cookies  (although the visitor can always delete them later).