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Legal Notice

1. Purpose
Identification
3. Communications
4. Conditions of access and use
4.1. Exclusion of warranties and liability for access and use
4.2. Procedure in the event of unlawful activities
4.3. Publications
4.4. Applicable legislation
5. Information security policy statement

1. Purpose

This legal notice regulates the use and utilization of the website www.smarkia.com, owned by SMARKIA ENERGY, SL (hereinafter THE OWNER OF THE WEBSITE).

Browsing the website of THE OWNER OF THE WEBSITE gives you the status of USER of the same and implies full and unreserved acceptance of each and every one of the conditions published in this legal notice, warning that such conditions may be modified without prior notice by THE OWNER OF THE WEBSITE, in which case it will proceed to its publication and notice as far in advance as possible.

It is therefore advisable to read its contents carefully if you wish to access and make use of the information and services offered on this website.

The user also undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice, and shall be liable to THE OWNER OF THE WEBSITE or third parties for any damages that may be caused as a result of a breach of that obligation.

Any use other than that authorized is expressly prohibited, and THE WEBSITE OWNER may deny or withdraw access and use at any time.

2. IDENTIFICATION

THE OWNER OF THE WEBSITE, in compliance with Law 34/2002, of July 11, of Information Society Services and Electronic Commerce, informs you that:

  • Its corporate name is: SMARKIA ENERGY, SL
  • Its CIF is: B24631863
  • Su domicilio social está en: Roa de la Vega 7, 24001 LEÓN
  • Registered in the Mercantile Registry of León, Volume 1.227, Folio 79, Section 8, Page LE-21.341

3. COMMUNICATIONS

To communicate with us, we offer you different means of contact, which are detailed below:

  • E-mail: info@smarkia.com

All notifications and communications between users and THE OWNER OF THE WEBSITE shall be considered effective, for all purposes, when made through any of the means detailed above.

4. CONDITIONS OF ACCESS AND USE

The website and its services are free and open access. However, THE OWNER OF THE WEBSITE may condition the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees the authenticity and timeliness of all data communicated to THE OWNER OF THE WEBSITE and shall be solely responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the contents and services of THE OWNER OF THE WEBSITE and not to use them for, among others:

  1. Disseminate criminal, violent, pornographic, racist, xenophobic, offensive, terrorist apology or, in general, contrary to law or public order.
  2. Introduce into the network computer viruses or perform actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of THE OWNER OF THE WEBSITE or third parties; as well as hinder the access of other users to the website and its services through the mass consumption of computing resources through which THE OWNER OF THE WEBSITE provides its services.
  3. Attempt to access the email accounts of other users or restricted areas of the computer systems of THE OWNER OF THE WEBSITE or third parties and, where appropriate, extract information.
  4. Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of THE OWNER OF THE WEBSITE or third parties.
  5. Impersonate the identity of any other user.
  6. Reproduce, copy, distribute, make available to, or any other form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
  7. Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to THE OWNER OF THE WEBSITE, and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the website may be understood to be transferred to the user.

In short, users accessing this website may view the contents and make, where appropriate, authorized private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of exploitation.

Also, all trademarks, trade names or logos of any kind that appear on the website are owned by THE OWNER OF THE WEBSITE, without being understood that the use or access to it gives the user any right over them.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the holder of the exploitation rights are prohibited.

The establishment of a hyperlink does not imply in any case the existence of relations between THE OWNER OF THE WEBSITE and the owner of the website in which it is established, nor the acceptance and approval by THE OWNER OF THE WEBSITE of its contents or services.

THE OWNER OF THE WEBSITE is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.

4.1. EXCLUSION OF WARRANTIES AND LIABILITY FOR ACCESS AND USE

The content of this web site is of a general nature and is for information purposes only, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific purpose.

THE OWNER OF THE WEBSITE excludes, to the extent permitted by law, any liability for damages of any kind arising from:

  1. The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind in the contents transmitted, disseminated, stored, made available, accessed through the website or the services offered.
  2. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
  3. Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of improper use of the website. In particular, and by way of example, THE OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and self-image, as well as the rules on unfair competition and illegal advertising.

Also, THE OWNER OF THE WEBSITE disclaims any responsibility for information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the content offered by this website. THE OWNER OF THE WEBSITE does not guarantee nor is responsible for the operation or accessibility of the linked sites; nor suggests, invites or recommends the visit to them, so it will not be responsible for the result obtained. THE OWNER OF THE WEBSITE is not responsible for the establishment of hyperlinks by third parties.

4.2. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, you must send a notification to THE OWNER OF THE WEBSITE duly identifying themselves and specifying the alleged infringements.

‍

4.3. PUBLICATIONS

The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of public administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide with no purpose of legal validity.

4.4. APPLICABLE LAW

The present conditions shall be governed by the Spanish legislation in force.

The language used will be Spanish.

5. INFORMATION SECURITY POLICY STATEMENT

The purpose of this section is to establish the information security policy for THE WEBSITE OWNER based on the requirements set forth in the information security standard ISO/IEC 27001:2022, thus ensuring the confidentiality, integrity and availability of the information systems of SMARKIA and, of course, guaranteeing compliance with all applicable legal obligations.

A fundamental point of the policy is the implementation, operation and maintenance of an ISMS based on ISO 27001.

Basic aspects of the security policy of THE WEBSITE OWNER:

  • Ensure confidentiality, integrity and availability of information.
  • Comply with all applicable legal requirements.
  • Have a continuity plan that allows you to recover from a disaster in the shortest possible time.
  • Train and raise awareness of information security among all employees.
  • Proper management of all incidents that occur.
  • All employees are informed of their safety roles and obligations and are responsible for fulfilling them.
  • There is a security manager in charge of the organization's information security management system (ISMS).
  • Continuously improve the ISMS and therefore the security of the organization's information.
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