I. General and Specific Conditions for using the website.
The status of user is acquired by any natural or legal person that accesses the website www.gestagua.es (hereinafter, the website), uses the services and contents exclusively for the specific purposes of the website and/or as a result of their status as a customer or potential customer of the company Gestión y Técnicas del Agua, S.A. (hereinafter, Gestagua); excluding any modality of subsequent use of same in order to seek a profit or obtain some benefit, either direct or indirect.
By merely accessing the website, the user fully and unreservedly accepts these General Conditions, and the Specific Conditions, for the use of certain contents and services, which should be known and accepted by the user prior to using same. These Specific Conditions may fully or partially replace, complete and/or alter the terms of these General Conditions.
II. Company Identification
Gestión y Técnicas del Agua, S.A. (A78139755)
C/ Rosario Pino 14-16 6º Derecha, 28020 de Madrid
gestagua@gestagua.es
UTE Gestagua-Generala Aguas de Fuente Álamo (U86172871)
C/ Rosario Pino 14-16 6º Derecha, 28020 de Madrid
gestagua@gestagua.es
UTE Gestagua-Generala San Miguel de Salinas (U86287497)
C/ Rosario Pino 14-16 6º Derecha, 28020 de Madrid
gestagua@gestagua.es
UTE Gestagua-Saconsa El Bonillo (U86173739)
C/ Rosario Pino 14-16 6º Derecha, 28020 de Madrid
gestagua@gestagua.es
III. Purpose of the website.
By accessing the website, the user can use various contents and services that will be offered either by Gestagua or by third party suppliers, under the conditions that are defined for same.
Access to the website is free of charge and there is no need for prior authorization, subscription or registration, except for the specific services and contents intended for Gestagua customers, which are defined as such in these General Conditions or in the Specific Conditions.
Companies mentioned in Section II shall be entitled to alter the provision, layout and content of the website, the conditions for using it and access to the services provided, all on a unilateral basis without the need for prior notification.
Companies mentioned in Section II hereby informs its customers that it is not possible to hire on an on-line basis all of the services offered by Gestagua, as a result of how these services have to be hired. Only those actions, procedures and requests that may be carried out via the Gestagua website due to their suitability to this medium, may be carried out on an on-line basis.
IV. Website content.
In general, the services and contents offered on the website will be available in Castilian Spanish.
The website will provide access to services and contents offered by Gestagua and the rest of the companies in which it has holdings, as well as Associations, Bodies and service and content suppliers that are unrelated to Gestagua but which may be accessed via a hyperlink.
Companies mentioned in Section II reserve the right to maintain, exclude or alter, as applicable, the contents and services rendered via the website, without prior notification to the users.
V. User rights and obligations.
Merely by accessing the website, the user, natural or legal person that is the final recipient of the services and contents, acquires the following obligations, rights and prohibitions:
V.I. Rights and obligations.
The user may and, as applicable, shall be obliged to:
· Access (free of charge and without the need for prior authorisation or registration) the contents and services on the website that are available as such, without detriment to the technical and specific conditions described in relation to the specific services and contents, intended for Gestagua customers, as determined in these General Conditions, or in the Specific Conditions for said services.
· Use the services and contents that are available for exclusively private use. Users that are Gestagua customers will be entitled to use the services provided for this purpose on the website.
· Use the website correctly and lawfully, in accordance with standing legislation, morality, common decency and public order.
· Inform the webmaster as to any action or content that infringes the law and the fundamental rights and public liberties of third parties, or which might pose a threat to the correct functioning of the page and its users.
· Not to access in order to use the services and contents provided on the website for unlawful purposes or in such a manner that might be detrimental to the rights and liberties of third parties, or which might be detrimental or damaging to or which might in any way prevent access to same, to the detriment of Gestagua or of third parties, in particular Gestagua customers.
. Not to use the services, on a total or partial basis, to promote, sell, hire, spread advertising, or information about themselves or about third parties, without first obtaining prior authorisation from Gestagua.
· To implement on adequate technical safety measures in order to avoid undesired effects on their information systems, while at the same time being aware that the Internet is not entirely safe.
· Website users will be personally liable for any losses or damages of any kind caused to Gestagua, directly or indirectly, by failing to comply with any of the obligations derived from these General Conditions or any other rules that may govern the use of the website. They will also be liable, on a direct, indirect or subsidiary basis, for any consequential damages or loss of profits that may be derived from the infringement of the authors' intellectual property rights.
V.II. Prohibitions.
Under no circumstances may the user:
· Introduce contents or information that threatens fundamental rights and public liberties.
· Incite or promote the commission of criminal, xenophobic, terrorist or degrading acts for reasons of age, sex, religion or beliefs.
· Disseminate contents or services that are pornographic, obscene, violent, or which infringe the law, morality or common decency.
· Engage in any action that might mean the copying, reproduction, distribution, public communication or similar, of all or part of the contents of the website, without prior authorisation in writing from Gestagua, or the third party that owns the intellectual and industrial property rights.
· Include hyperlinks to the page, that are not limited solely and exclusively to accessing the website «home page».
· Reproduce on a total or partial basis, on another website, the website or the hyperlinks that may be accessed via the latter.
. Create or alter the website and the websites that may be accessed through the latter
· Make any statement or perform any action that might be deceptive to a person accessing the website via the hyperlink.
· Use the services offered via the website in a manner that goes against the conditions for use and which is detrimental or damaging to the rights of other users, particularly Gestagua customers.
· Perform any action that prevents or hinders access to be website by the users, particularly Gestagua customers, as well as the hyperlinks to third-party services and contents offered over the website.
· Use the website as a means of accessing the Internet, in order to commit actions that are unlawful or that infringe standing legislation, morals, common decency and public order.
· Include or introduce any kind of computer virus, either harmless or harmful, or any other code, software or computer program that might cause damage or unauthorised alterations to the contents, programs or systems that may be accessed, via the services provided on the website, or to the users of the latter.
· Use the brand or trade marks, or any other sign of identity that is subject to intellectual or industrial property rights, without first obtaining prior express authorisation in writing from the right-holders.
V. III. Electronic Invoice
In compliance with what is established in Article 63.3 of Royal Decree 1/2007, dated 16th November, whereby approval is given to the consolidated wording of the Consumers and Users Defence Act and other supplementary acts, the website users expressly consent to the companies mentioned in Section II issuing and sending invoices to them in electronic format, at no cost whatsoever, and that the user will be able, at any time, to revoke this consent from the management section of his/her contracts in the internal management area (virtual office).
VI. Rights and obligations of companies mentioned in Section II.
Companies mentioned in Section II reserves itself the following rights:
· To alter the conditions for accessing the website, technical or otherwise, on a unilateral basis and without providing prior notification to users.
· To define Specific Conditions and, as applicable, charge a fee or apply other requirements, for accessing certain services, in particular services intended for Gestagua customers.
· To limit, exclude or condition access by users, when all the guarantees for the correct use of the website by the latter, according to the obligations and prohibitions undertaken by them, are not present.
· To finish providing a service or supplying a content, without entitlement to compensation, when it is unlawful or when it infringes the conditions defined for same..
· To alter, delete or update all or part of the contents or services offered via the website, without the need for prior notification.
· To take any legal or judicial action that may be convenient in order to protect the rights of Gestagua or of third parties that provide their services or contents via the website, whenever appropriate.
· To demand any applicable compensation that might be derived from inappropriate or unlawful use of all or part of the services and contents provided via the website.
VII. Exemption from and limitation of liability.
Companies mentioned in Section II are hereby declared exempt from any form of liability in the following cases:
· When the service is available on the website, when this is due to a reason that is beyond its control, is directly or indirectly derived from the latter, and regarding any claims made, due to the impossibility or deficiencies in use of the website service, in the terms already defined.
· Regarding the availability and conditions, technical or otherwise, that apply to the services and contents provided by third parties via the website.
· Regarding the information or contents that are notified, hosted, transmitted or displayed via the services and contents provided on the website by third party users or suppliers.
· Regarding the accuracy, reliability and lawfulness of the information contained on the website, which has not been drafted directly by Gestagua and which is available on third-party websites or outside the website, and their conditions of use.
· Regarding the hyperlinks or links included on the website that do not meet the contract conditions defined for same, as well as the content that might be unlawful or that might infringe morals or common decency.
· Regarding the processing and subsequent use of personal data by third parties that are not linked to Gestagua, as well as the pertinence of the information requested by the latter.
· Regarding the quality and speed of access to the website and the technical conditions to be met by the user, in order to be able to access the page and its services.
· Regarding any losses or damages that might be caused by third-party products or services advertised or placed at the disposal of users, by such third parties, via the website.
VIII. Intellectual and industrial property.
The user acknowledges that the contents and services offered via the website are protected by copyright and by intellectual and industrial property rights, which as applicable correspond to Gestagua and to the third parties and suppliers, and which are exclusively owned by the latter.
The provision of the services and publication of the contents via the website shall not under any circumstances imply the assignment, waiver or transmission, either total or partial, of the relevant intellectual and industrial property rights. Any form of use of all or part of the content of the website remains subject to the need to request prior authorisation from its author and the acceptance of the relevant license, as applicable.
Under no circumstances may the user avail of or use the services or products and contents distributed via the website for purposes that are not exclusively personal.
Infringement of the intellectual or industrial rights by the user remains subject to the applicability of the relevant legal and judicial liability, for any use other than those that are permitted, involving the infringement of rights, whether or not there is any benefit attached for the user, and the relevant consequential damages and loss of profits derived from the infringement committed.
The brand of the companies mentioned in Section II and the relevant graphic sign are all registered trade marks and they may not be reproduced or used without the owner's permission.
IX. Applicable legislation and jurisdiction.
These General Conditions shall be governed by Spanish legislation.
For any controversy that may arise with Gestagua, due to the use of the services and contents on the website subject to these Conditions, both parties hereby expressly waive any other jurisdiction and submit to the Courts and Tribunals of Madrid (Spain).
For any doubt or suggestion that you may have in relation to the above conditions of use, please contact us by
writing to the Gestagua Customer Support Department at C/ Rosario Pino, 14-16, 6º, zip code 28020, Madrid,
or by gestagua@gestagua.es e-mail.
Please note that any query, complaint or recommendation related to our online services must be sent in writing
to your local GESTAGUA's offices or by email at
gestagua@gestagua.es,
without prejudice to the intermediary
action that may be taken by the Offices of Consumer Affairs in the event of any disagreement with the same.
We also wish to inform you that you may avail of the
European Union online dispute resolution platform
in
compliance with Article 14 of EU Regulation no. 524/2013 of the European Parliament and the Council dated
21 May 2013, in relation to online services. However, please note that anything subject to arbitration through
this platform is optional and will be assessed on a case-by-case basis.
X. Links to the lender’s a channel on other platforms and social networks.
Link resources are made available to the users via different tools and applications. The link resources enable users to access the Website pages and channels that GESTAGUA has on different platforms and social networks belonging to and/or managed by third parties (e.g., Facebook, Twitter, Linkedin, etc.). The only reason for including these links at the Website is to enable users to access those channels on the different platforms and social networks.
The fact that these applications are established is not to be interpreted as meaning: a) that there is any relationship at all between GESTAGUA and the holder, manufacturer or distributor of the linked platform, or; b) that GESTAGUA has accepted or given its approval to their contents and/or services, the holder, manufacturer or distributor being exclusively liable for those contents and/or services. Under no circumstance does GESTAGUA share private information about its users with Facebook, Twitter or any other social network that might appear in the future. Its only purpose is what is established under these General Terms & Conditions of Use, and those contained in the Website Privacy Policy. In this sense, all the information that the user wishes to make known on these platforms will be disclosed under his/her own liability, and none of the companies mentioned in Section II will be involved in that process.
Activating and utilising these applications can involve user identification and authentication (login/password) on the platforms concerned, which is completely external to the Website and beyond the control of the companies mentioned above. On accessing those external networks, the user is entering an environment not controlled by the abovementioned companies, so the latter do not accept any responsibility for the security settings of those environments.
In view of the fact that the companies mentioned in Section II have no control over the contents of those channels, the user recognises and accepts that the companies in Section II do not accept any liability whatsoever for either the content or the services that the user might access at those Websites, or for any content, products, services, advertising or any other material available there. That is why users must be very careful when assessing and utilising not only the information, contents and services on the linked channels, but also their own information or information belonging to third parties that they wish to share on those channels.
XI. Information for the users about remote reading
Remote reading is an innovative system for reading meters remotely, which enables the user to know quickly and simply, what the water consumption is at any time and from any place. It is a technology that enables meters to be remotely read periodically. This makes it much easier to read inaccessible meters and prevents possible billing errors and provides information about any potential irregularities when compared to the subscribers’ habitual consumption patterns. Users are informed that at our Website they can see their water consumptions because these smart meters are being installed by the companies mentioned in Section II; this will give users certain advantages when it comes to consumption information or any other matter associated with consumption.
XII. Privacy Policy
In the commitment to comply with the applicable regulations in matters concerning data protection, we wish to inform you that the firms referred to in Section II are Responsible
for and in charge of the processing and that they collect the information they let us have for the following purposes; to comply with the obligations established by Law, fulfil the terms of your contract,
offer you the best experience (browsing, contracting, etc.), manage your account in the VIRTUAL OFFICE, contact the User if any incident affects the contracted service, answer the User’s queries, send the
User communications, manage the subscribers’ service, remote reading and online contracting, as well as receiving certified SMS messages for contracting, providing the service requested and, if need be,
billing it, carrying out the economic activities involved in collecting and accounting that are required to be able to offer you a more personalised and efficient service by collecting the following data:
first name and surname(s), sex, date of birth, post code and email, telephone number, credit/debit card numbers and bank account number.
The User guarantees that the data he/she furnishes are true, accurate, complete and updated. For this purpose, he/she is answerable for the truthfulness of all the data he/she submits and will keep all the information provided
suitably updated, so that it is invariably consistent with the actual situation.
At any time, the User may revoke his/her consent and this will be withdrawn as long as the legal conditions and situations make this possible.
The data that you are letting us have will be kept until you cancel the contract (at any time).
The User provides the information requested of his/her own free will. The only consequence of a User’s refusal to provide such data is that he/she will not be able to register with the office or to receive
information adapted to his/her preferences or the services offered on the website.
By ticking the box concerned, the User expressly and voluntarily accepts that his/her personal data are processed by the firms for the following purposes indicated above:
As GESTAGUA is responsible for the file and processing the data of a personal nature, the firm is required to keep all such information a professional secret and safeguard it; these obligations will
continue to apply after the relationship between the User and GESTAGUA has ceased to exist.
Entitlement to process the data
The legal basis for processing the data is the consent given by the users.
Receivers of your data
Your data will not be sent to any firm other than the firms mentioned or those that operate with it permanently and specifically, and in the strictest confidence,
for internal administrative purposes and in compliance with the security measures contained in the regulations in force. .
What are your rights?
GESTAGUA guarantees that the User can, at all times, exercise his/her right to access, rectify, limit, supress, cancel, portability and oppose the personal data furnished, by writing to the DATA
PROTECTION OFFICER, CALLE ROSARIO PINO 14-16 28020 - MADRID or via email address dpd@gestagua.es enclosing a copy of his/her Identity Card (DNI) or a similar document. Furthermore, if the User is not satisfied with the response to his/her exercising his/her rights, he/she may
lodge a complaint to the Agencia Española de Protección de Datos (Spanish Data Protection Agency) via its electronic headquarters at www.aepd.es
The person appointed to carry out the functions of the Data Protection Officer at GESTAGUA is Beatriz Marcos Vian, whose particulars are as follows:
· Post Code: CALLE ROSARIO PINO 14-16 28020 DE MADRID
· Email: dpd@gestagua.es
· Tel. contact number. 912586280
Security Measures.
GESTAGUA will process the data taking into account the state of technology, the cost of application and the nature, scope, context and purposes for which we process the information, as
well as the risks of likelihood and seriousness of the threats posed to the rights and freedom of individuals, and will do so in absolute confidentiality and keeping such data secret. GESTAGUA
will also take any measures of a technical and organisation nature to safeguard the security of the information and to prevent it from being altered or made available, as well to guarantee its
integrity and to ensure that no unauthorised persons can process or access it, bearing in mind the state of technology, the nature of the data stored and the risks to which such information is exposed.