1. COMPANY DETAILS
This text constitutes the Legal Disclaimer related to MCH Private Equity’s proprietary website (as defined hereinafter) located under the domain name “mch.es” and their respective subdomains titled “mchprivateequity.mch.es”, and “mchalinea.mch.es” (hereinafter, the “Website”), the purpose of which is to disseminate information on the nature of, as well as the business and services rendered by such companies to the general public.
Pursuant to Article 10 of Spain’s Law no. 34/2002 dated 11 July on Information Society Services and E-Commerce, the companies’ details are:
MCH Private Equity Investments, S.G.E.I.C., S.A.U. (“MCH Private Equity”), company no. A-84193440, having its registered office at Calle Velázquez 166, 28002, Madrid (Spain) and registered with the Madrid Trade Register under Volume 20,842, Page 30, Sheet M-369.400 and the Administrative Register of Spain’s National Securities Commission (hereinafter, “CNMV”) under number 41.
For any information on the profile, products and services of the company, you may contact MCH Private Equity or through the following contact methods:
- Phone: (+34) 91 426 44 44
- Fax: (+34) 91 426 44 40
- E-Mail: firstname.lastname@example.org
2. PURPOSE AND SCOPE
However, the user access to select content and the use of certain services may become subject to a set of Specific Terms and Conditions which may, if applicable, replace, complete and/or amend this Legal Disclaimer. In the event of discrepancy, the terms set out under the Specific Terms and Conditions shall prevail over the Legal Disclaimer.
The mere access to, browsing and use of the Website mean and represent the acceptance by the user of this applicable Legal Disclaimer as published from time to time.
In this context, User refers to any person accessing, browsing or displaying the contents hosted on the Website (the “User”), and Registered User refers to any user accessing, browsing and registered to use, view, browse, host and/or download the contents and/or use the Website services (the “Registered User”).
3. INTELLECTUAL PROPERTY
Any proprietary name or trademark, source code, visual design, image, picture, sound, animation, software, logotype, text, as well as any content and information on MCH Private Equity are protected by the Spanish Law on Intellectual and Industrial Property Rights in the name of the companies, and no reproduction and/or release, whether full or partial of this Website, or any IT processing, distribution, publication, change, conversion or decompiling, or any further proprietary rights acknowledged to their lawful owner, namely, MCH Private Equity, without any prior consent in writing.
The User may solely and exclusively use the material available on this Website for personal or private use, whereby no licence of any kind or other rights in relation to the Website contents are not granted, the use of such material being forbidden for marketing purposes or if used to become involved in unlawful activities.
Any rights resulting from intellectual property are expressly reserved to MCH Private Equity.
MCH Private Equity shall ensure the compliance with the aforesaid terms and conditions, as well as the appropriate use of the available contents on their Website, taking any civil and criminal proceedings as appropriate in the event of breach or default of such rights by the User.
4. PERSONAL DATA PROTECTION
Pursuant to the rules set out under the applicable Personal Data Protection rules, we hereby inform you that your data will be incorporated into the data processing system property of MCH Private Equity, in order to address your questions and submit you the relevant information that could be of your interest. In compliance with the applicable rules, MCH Private Equity states that the data will be kept as long as absolutely necessary to respect the abovementioned requirements.
Unless stated otherwise, we will assume that your data remain unchanged, you undertake to notify us on any change thereof and you give us your approval to use such data for the aforesaid purposes.
MCH Private Equity represents that such data will be processed in a lawful, fair, transparent, adequate, appropriate, limited, accurate and updated way. For that reason, MCH Private Equity undertake to take all reasonable efforts to ensure that such data are deleted or rectified in due course if inaccurate.
Following the rights granted by the applicable data protection rules, you are entitled to carry out any access, rectification, processing restriction, deletion, transferability and opposition rights on personal data, as well as the consent given for data processing, by submitting the relevant request to the postal address as indicated hereinbelow or by email on email@example.com.
Further, we notify you that you may contact the Data Protection Delegate for MCH Private Equity in writing by email on firstname.lastname@example.org or on the phone 902 87 71 92.
The competent Supervisory Authority is available for any claim which may be deemed appropriate.
5. LIMITATION OF LIABILITIES AND COMMITMENTS
A. MCH Private Equity shall REFRAIN FROM PRODUCING ANY MISLEADING ADVERTISING through their Website. For such purposes, therefore, any formal or numerical errors eventually found throughout the MCH Private Equity’s Website sections may not be considered as misleading advertising if resulting from the website maintenance process and/or any incomplete or faulty update included in such sections. As a consequence of the foregoing, MCH Private Equity undertake to correct such errors as soon as they become aware thereof.
B. MCH Private Equity shall REFRAIN FROM MAKING ANY MARKETING MESSAGES UNLESS THEY ARE IDENTIFIED AS SUCH, pursuant to the rules set out under the Spain’s Law no. 34/2002 on Information Society Services and E-Commerce. To such effects, any information submitted to the CLIENTS of MCH Private Equity will not be regarded as a marketing message, always provided that their purpose is to keep an existing contractual relationship between the client and MCH Private Equity, as well as the fulfilment of any information or training tasks and other activities related to the service agreed between the client and the company.
C. MCH Private Equity disclaim any liability for the User incurring in any breach of the applicable rules while accessing the company Website and/or using the information available on the Website content.
D. MCH Private Equity, and any of their managers and/or employees disclaim any liability for the potential or real losses, costs and damages of any nature, including but not limited to, any direct or indirect damage resulting from the use of the information, services and contents available on this Website or any add-on hereof. Any links and hypertext enabling any access by the User to the benefits or services provided by any third parties through the corporate Website do not belong to nor are under the control of MCH Private Equity, which disclaim any liability for the information available from such sources or the consequences of such information.
E. MCH Private Equity disclaim any liability for the unauthorized use by any third parties of any trademarks, product names and brands that may come out on the corporate Website despite not being proprietary content. The company also disclaims any liability for the integrity, truthfulness and lawfulness of the content of the website links which may be accessed to from the corporate website.
F. MCH Private Equity disclaim any liability for any virus resulting from any electronic transfer introduced by third parties (e.g., text processor macros, Java applets and Active X software) generated to achieve a negative outcome for an IT system.
G. Ultimately, the User is the sole responsible for the use made onto the services, contents, links and hypertext included in the corporate website.
6. JURISDICTION AND APPLICABLE LAW
The MCH Private Equity’s Website and the website content shall be governed by the laws of Spain.
The agreements entered into by MCH Private Equity with the User shall be governed by the rules in force set out in relation to the applicable laws and the competent jurisdiction. However, in such events where the rules empower the parties to submit to a specific court, MCH Private Equity and the User, expressly waiving their right to submit any dispute to any other competent court, shall submit such dispute and/or proceedings to the courts of the city of Madrid, whereby the laws of Spain will apply.
Any personal data that may be provided by MCH Private Equity through its Website, will be incorporated into a file titled "FICHERO GESTIÓN CLIENTES Y PROVEEDORES” owned by MCH Private Equity, in order to manage your business with us and keep you informed on the products and services within the meaning of the Spain’s Organic Law 15/1999 on 13 December on Personal Data Protection.
The User warrants that the personal data provided to the company are true and accurate, taking responsibility for notifying the Company on any change thereof.
The User may exercise any rights of access, rectification, cancellation and opposition in writing to:
MCH Private Equity Investments, S.G.E.I.C., S.A.U.
Tax ID No. (CIF): A-84193440
o by email on: email@example.com
In order to exercise such rights in compliance with Instruction no. 1/1998 dated 19 January of the Spanish Data Protection Agency, you need to attest your identity with MCH Private Equity by submitting a copy of your National ID Number or any other lawful piece of identity.
MCH Private Equity agrees that every disclosure of your personal data be treated as confidential, whereas such data will under no circumstances be disclosed to any third parties outside the agreements between the User and the companies. Such data shall not be transferred unless such transfer is made by virtue of a legal requirement or where the rendering of any specific service involves the need to enter into an agreement with a data processor, in which case such transfer may be only made with the User’s express prior consent.