Fundación Indali

Legal Warning

General information about the service provider:

For the purposes of the provisions of Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce, (hereinafter, the LSSICE), the user is informed, (hereinafter, the USER ), which accesses this web page with the domain, “https://www.fundacionindali.org”, (hereinafter, the WEBSITE), the following GENERAL INFORMATION ABOUT THE SERVICE PROVIDER:

· Company name: FUNDACION INDALI. Domain name: https://www.fundacionindali.org

· Address: Calle Villarroel 8 bajo 08011 Barcelona.

· N.I.F .: No. G-67526566

+34 673 636 061

CONTACT EMAIL: info@fundacionindali.org

Likewise, FUNDACIÓN INDALI informs the USER of the following terms and conditions:

1. Conditions of use of the website

The contents, activities and services, in general, provided through the web are subject to the terms and conditions provided in this “Legal Notice and Privacy Policy” (hereinafter, the notice), and comply with current Spanish legislation and of the European Union, in particular, with the aforementioned LSSICE, with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to data processing personal data and the current Organic Law on Protection of Personal Data (hereinafter, the LOPD).

Consequently, the simple access and use of the WEB by any person implies the attribution of the condition of USER and the full acceptance of all the terms and conditions contained in this NOTICE from the moment the WEB is accessed.

Access to the WEB, as well as the request for all kinds of information are totally free.

FUNDACIÓN INDALI reserves the right to modify unilaterally and without notice, any of the terms and conditions of this Legal Notice, in the terms and conditions it deems appropriate, informing users of the modifications made through www.fundacionindali.org.

If one of the stipulations of these conditions of this “Legal Notice” were declared null or inoperative, the rest of the rules will be maintained in the agreed terms. THE INDALI FOUNDATION undertakes to replace the stipulation affected by the nullity, approaching as closely as possible the intention initially pursued by the parties.

2. Commercial mail policy

In accordance with the LSSICE, FUNDACIÓN INDALI does not carry out spamming practices, therefore it does not send commercial emails that have not been previously requested or authorized by the USER. However, said authorization may be revoked at any time by the user by means of a written communication addressed to the registered office of FUNDACIÓN INDALI or to the email address that appears in the general information of this notice. At the same time, the user who was, at the same time, a collaborator of FUNDACION INDALI is informed that, in accordance with the LSSICE, their data may be used to send the aforementioned commercial emails by electronic means, without their prior consent, provided they are on products or services similar to those that were initially contracted. However, the USER may at any time oppose the sending of said commercial emails through the same procedure indicated in the previous paragraph.

3. Reasons for exclusion

INDALI FOUNDATION reserves the right to exclude users temporarily or permanently in any of the following cases. For breach of any of the terms established in this document. For breach of the laws, morals, and public order and in a special way, and by way of example, but not limited to, the use of the Web or our services is not allowed in a way that includes (i) material that infringes rights copyright not duly authorized, or that infringes any other Intellectual or Industrial Property right, (ii) offensive material or that violates public safety and national defense, (iii) material that advocates terrorism, racism, or other discriminatory conduct for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, (iv) material that threatens youth and childhood, in particular of a pornographic type, especially that which attacks minors, (v) threatening, defamatory or inciting violence materials.

In accordance with the provisions of the LSSI, the INDALI FOUNDATION will proceed to interrupt the service as soon as it has effective knowledge that any illicit activity is taking place or property or rights of third parties are injured.

The exclusion of the user will not imply the resignation of FUNDACIÓN INDALI to carry out the corresponding legal actions or the corresponding compensation by law.

4. Intellectual Property and Copyright

Internet users who access this website can view the information contained there and make private downloads or reproductions on their computer system, provided that the reproduced elements are not subsequently transferred to third parties or are installed on a server connected to the Internet or to a local network. Notwithstanding the provisions of this notice, the distribution, modification, assignment, public communication, reproductions, or any other act of part or all the information published on www.fundacionindali.org is not allowed, without prior authorization from the FOUNDATION INDALI. All the information contained in

www.fundacionindali.org, its graphic design and the code in HTML, JAVA, JAVA Script, or Active X language, is protected by copyright or other rights to protect intellectual property. These rights belong exclusively to FUNDACIÓN INDALI or its licensors.

The user must use the content and information collected in www.fundacionindali.org, diligently, correctly and lawfully, and specifically, only for personal and non-commercial use, as long as the content or any mention is not deleted or modified of sources, copyright and other data identifying the rights of FUNDACIÓN INDALI or third parties, that is, respecting its original form. Any reproduction or copy, distribution, or publication, of any kind, of the content of the information published on www.fundacionindali.org without prior written authorization from FUNDACIÓN INDALI is prohibited. Authorization for reproduction can be requested at the email address info@fundacionindali.org. In the event that any user or third party considers that any of the existing content on www.fundacionindali.org has been entered in it in violation of copyright or other intellectual property protection rights, please inform FUNDACIÓN INDALI of said circumstance , sending notification to the email address email info@fundacionindali.org, which includes, at least, the following points: a) Name, address, telephone number and e-mail address of the claimant. b) Data of the owner of copyright or other intellectual property protection rights that may have been infringed. c) Indication of the infringed content and location on the page www.fundacionindali.org. d) Declaration that the introduction of the contents has been introduced without the express authorization of the owner of the copyright or other intellectual property rights. Without prejudice to what is stated in the preceding paragraphs, FUNDACIÓN INDALI reserves the right to defend itself against claims based on current regulations on publicity and copyright or other protective rights of intellectual property.

5. Links or hyperlinks

FUNDACIÓN INDALI is not the owner of the other Web sites that can be accessed using links or hyperlinks on the WEB, however, we inform you that they currently do not exist. Where appropriate, the USER would access their respective contents and conditions of use under their sole responsibility.

6. Information on technical resources FUNDACIÓN INDALI provides USERS with the appropriate technical resources so that, in advance, they can access this Legal Notice on the Privacy Policy or any other relevant information and can freely give their consent.

7. Exclusion of guarantees and liability

FUNDACIÓN INDALI does not guarantee the reliability, availability or continuity of the operation of its website or of the products or services made available to the user, therefore it excludes any liability for damages of any kind that may be due to lack of availability, reliability or continuity of its website or its services, although it will try to provide, to the extent of its

possibilities, technical assistance to the affected person. FUNDACIÓN INDALI will not be responsible for the interruption of the service, suspension, temporary fall of the server or termination of the information or services nor for the possible omissions, loss of information, data, configurations, improper access or breach of confidentiality that originate in technical problems, communications or human omissions caused by third parties or not attributable to FUNDACIÓN INDALI. FUNDACIÓN INDALI is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of the users or people who visit the pages, so it will not be responsible for the damages of any nature that may arise from them. FUNDACIÓN INDALI is not obliged to control and does not previously control, approve or endorse the services, content, data, files, products and any kind of material on the page or web pages of third parties, for which FUNDACIÓN INDALI will not respond , under no circumstances, of the legality of the contents of your website / s, being the sole responsibility of third parties, by way of example and not limitation, respect for legality, morals, good customs and public order, of the contents, as well as that those do not infringe any rights of third parties. In accordance with the LSSICE, FUNDACIÓN INDALI will not be responsible for the information to which we may send it if we do not have effective knowledge that the activity or information to which it is sent is illegal or damages the property or rights of third parties. It will be understood that there is “effective knowledge” in accordance with the LSSICE when a competent body has declared the illegality of the data, ordering their withdrawal or that access to them is impossible, or the existence of the injury has been declared and the INDALI FOUNDATION becomes aware of the corresponding resolution.

FUNDACIÓN INDALI is not obliged to control and does not control, nor does it guarantee the reliability, availability or continuity of the operation of the products or services made available to the user by third parties hosted outside www.fundacionindali.org, therefore it excludes any liability for the Damages and / or damages of any nature that may be due to the lack of availability, reliability or continuity of its website or its services. The user will be liable for damages of any nature that FUNDACIÓN INDALI may suffer because of the user’s breach of the law or of any of the general conditions contained in this agreement.

8. Applicable law and competent jurisdiction

These Rules of Use are always governed by Spanish Law in force. Therefore, the parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals. Courts and Tribunals of the city of Barcelona, expressly waiving their own jurisdiction, even within the same Spanish territory. Likewise, merchants established in the EU who enter contracts for the provision of online services will offer an electronic link to the online dispute resolution platform on their website. This is: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES Publication date JULY 1, 2020