GENERAL CONDITIONS FOT USE OF THE PORTAL
1. OWNERSHIP OF THE PORTAL
The FUNDACIÓN PARQUES REUNIDOS (hereinafter, FUNDACIÓN PARQUES REUNIDOS), having the legal personality of a foundation and, therefore, not-for-profit, is a Foundation according to what is set out in Law 50/2002, of 26 December, regarding Foundations, with business address in Madrid Paseo de la Castellana 216, planta 16, 28046, Madrid and C.I.F. G- 85988301 registered in the Ministry of the Environment and Rural and Marine Affairs with registration number 280049, and is the owner of the portal www.parquesreunidos.com/blog, (hereinafter, the Portal) and makes the same available to users of the Internet, in order both to provide information about the purposes and activities of the FUNDACIÓN PARQUES REUNIDOS and, secondarily, about the Parques Reunidos group (hereinafter, GRUPO PARQUES REUNIDOS).
User Assistance: 91 526 97 00.
2. GENERAL CONDITIONS FOR USE OF THE PORTAL
The purpose of these General Conditions for Use of the Portal, together with the General Purchase Conditions that, where appropriate, govern any type of tool made available to the Users in the Portal, is to regulate both making the information available and the commercial relationships that may arise between the FUNDACIÓN PARQUES REUNIDOS and the users of the Portal (hereinafter “Users”).
By browsing the Portal and/or, where appropriate, by the use of the services included therein, you become a User
Both browsing and, where appropriate, the use of any of the services, entail the acceptance as a User, without reservation of any type, of each and every one of these General Conditions for Use of the Portal as well as any other General Conditions that govern any type of tool made available to the Users in the Portal.
FUNDACIÓN PARQUES REUNIDOS may at all times and without prior warning modify these General Use Conditions, as well as the General Conditions that govern any type of tool made available to the Users in the Portal, by publishing said modifications in the Portal in order that they may be made known to the Users, always before their visit to the Portal or use of the tools that may be offered in the Portal.
2.1. Intellectual and industrial property
The Portal and all the contents that are shown in the Portal and, in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, trademarks, industrial designs or any other signs subject to industrial and commercial use are subject to intellectual and industrial property rights of the FUNDACIÓN PARQUES REUNIDOS, of GRUPO PARQUES REUNIDOS (as defined below) or of third parties who are the owners thereof and who have given due permission for them to be included in the Portal and which, therefore, are protected by Intellectual Property laws.
In no case shall it be accepted that the use of the Portal by the Users grants any license or that said rights are not waived, transferred, assigned in whole or in part not is any right or expectation of a right conferred, and in particular, said contents cannot be altered, exploited, reproduced, distributed or communicated publicly.
The access to this Portal shall not grant the Users any right or ownership over the intellectual property rights of the contents that this Portal hosts.
2.2. Liability of the Fundación Parques Reunidos
The FUNDACIÓN PARQUES REUNIDOS shall only be liable for the damage that the User may suffer as a consequence of the use of the Portal when said damage may be attributed to a harmful act by the foundation.
The User acknowledges and accepts that the use of the Portal, as well as, where appropriate, the provision of the services offered therein, is carried out at his/her risk and he/she is entirely liable.
The FUNDACIÓN PARQUES REUNIDOS shall not be held responsible for the damage that may arise from the following, merely by way of illustration:
(i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the Users’ IT devices or machines, caused by caused not attributable to the FUNDACIÓN PARQUES REUNIDOS, which impede or delay the provision of the services or browsing in the system;
(ii) Use delays or blocks caused by Internet deficiencies or overloads or in other electronic systems;
(iii) That may be caused by third parties by means of illegitimate interference outside the control and not attributable to the FUNDACIÓN PARQUES REUNIDOS;
(iv) Its being impossible to give the service or allow access for reasons not attributable to the FUNDACIÓN PARQUES REUNIDOS, to the User, to third parties, or to vis major or force majeure.
The FUNDACIÓN PARQUES REUNIDOS does not control, in general, the use that the Users make of the Portal. In particular, the FUNDACIÓN PARQUES REUNIDOS does not guarantee in any circumstances that the Users use the Portal in accordance with law, these General Use Conditions, generally accepted morals and good behaviour and public order, nor that they do so diligently and prudently.
The FUNDACIÓN PARQUES REUNIDOS does not guarantee the availability and continuity of operation of the Portal. Moreover, nor does the FUNDACIÓN PARQUES REUNIDOS guarantee the usefulness of the Portal or of its contents to carry out any activity in particular. The FUNDACIÓN PARQUES REUNIDOS excludes any type of liability for the damage of any kind that may be due to the lack of availability or of continuity of operation of the Portal or to the disappointment of the usefulness that the Users may have attributed to the Portal.
In the event that a tool is included in the Portal that involves a financial act by the User, the FUNDACIÓN PARQUES REUNIDOS guarantees that it has appropriate measures and that they comply with the security standards that current technology allows, such as the “Verisign” system.
Access to transaction services and those that include the gathering of personal data is carried out in a secure environment using SSL (Secure Sockets Layer) protocol with 128-bit high security encryption. The secure server establishes a connection such that the information is sent encrypted. This ensures that the sent content is only intelligible to the client computer and the server of the FUNDACIÓN PARQUES REUNIDOS. The user may check that he/she is in a secure environment if in the status bar of his/her browser there is a locked padlock. The security guarantee of our servers is backed up by a certificate issued by the company Verisign. This certificate guarantees that the client is communicating his/her data to a server of the FUNDACIÓN PARQUES REUNIDOS and not to a third party who may pose as him/her.
2.3. USER’S OBLIGATIONS
In general, the User is obliged to comply with these General Conditions for Use of the Portal, the General Purchase Conditions (in the event that the User purchase a good or services through the Portal) as well as to comply with the special use warnings or instructions contained therein or in the Portal and to always act in accordance with the law, good behaviour and in good faith, practising diligence appropriate to the nature of the service that he/she enjoys, refraining from using the Portal in any way that may impede, damage or deteriorate the normal operation thereof, the assets or rights of the FUNDACIÓN PARQUES REUNIDOS, of the GRUPO PARQUES REUNIDOS, the rest of the Users or in general of any third party.
Specifically, and without thereby implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User is obliged, in the use of the Portal and, where appropriate, in the use of any specific tool included therein to:
(i) Provide true data as requested;
(ii) Not enter, store or spread in or from the Portal any information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence, discrimination on the grounds of race, sex, ideology, religion or that in any way endangers morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties, intellectual or industrial properties rights or business secrets, or in general any content of which he/she did not hold, in accordance with law, the right to make it available to third parties and in general that in any way endangers currently regulations;
(iii) Not enter, store or spread by means of the Portal any computer programme, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that may cause damage in the Portal, in any of the services that may be offered or in any of the equipment, systems of networks of the FUNDACIÓN PARQUES REUNIDOS, of the GRUPO PARQUES REUNIDOS, of any User, or in general of any third party, or which in any way is capable of causing them any type of alteration or impeding the normal operation thereof;
(iv) Not carry out publicity, promotional or commercial activities through the Portal, not use the contents and in particular the information obtained through the Portal to send publicity, send messages for the purpose of direct sale or with any other commercial purpose, or to gather or store the personal data of third parties;
(v) Not use false identities or assume the identity of another person in the use of the Portal or, where appropriate, in the use of any of the services that may be included in the Portal, including the use, where appropriate, of means of payment, passwords or access keys of third parties or in any other manner;
(vi) Not destroy, alter, use for their purpose, make unusable or damage the data, information, programmes or electronic documents of the FUNDACIÓN PARQUES REUNIDOS, of the GRUPO PARQUES REUNIDOS or of third parties.
2.4. Acess to the Services
All the technical means and requirements that are needed to access the Portal and the services offered therein, as well as any expenses or taxes to which the provision of said services may give rise, shall be entirely at the User’s expense.
In the event that the Portal offers specific services, once the User has accessed, and to proceed to use said services, the User must follow all the indications and instructions set out on the screen, filling out for these purposes the information required in each case by the forms set out in the Portal, which shall entail reading and accepting in advance all the General Purchase Conditions set out therein for each specific case.
2.5. Personal Data Protection Policy
2.5.1. Handling of the personal data gathered
In the event that due to the introduction of any tool or service into the Portal, personal data are gathered, the User is informed that the personal data that, where appropriate, the User fills out during the reference process in each case, offered in the Portal as well as any other data that are generated afterwards as a consequence of his/her relationship with us, shall be included in files of which the FUNDACIÓN PARQUES REUNIDOS and PARQUES REUNIDOS SERVICIOS CENTRALES, S.A. (with their business address at Paseo de la Castellana 216, planta 16, 28046 Madrid, Spain; email address: firstname.lastname@example.org) shall be co-responsible (the “Responsible Parties”). The data shall be handled for the development, maintenance and control of the relationship with us and, in particular, for the management of the specific purpose for which the User’s personal data have been gathered as well as to process the requests that the User makes of us, to store the communications to improve our service and for statistical purposes.
Unless the User checks the box that is included in the form made available to him in each case and through which he/she provides his/her data, authorises the Responsible Parties to handle his data to carry out surveys, send communications for the purposes of publicity, promotions and consumer studies by any means (including by electronic communication means or by fax), relating to products or services of the foundation and of the leisure sector (leisure parks sector, as well, where appropriate, the hostelry sector). This authorisation includes the power of the Responsible Parties or of third parties (to whom the Responsible Parties shall in no circumstance provide your data) to determine the parameters of the public to whom these information or promotional campaigns are aimed.
To exercise the rights to access, rectify, cancel and challenge in the terms set out in law, the User must send an application in writing to the Responsible Parties at the address or at the email address that is set out in this clause, indicating in the subject field “Application ARCO-Marketing Department” and attaching a copy of a document that proves his/her identity.
IF THE USER IS UNDER 14 YEARS OLD, HE/SHE NEEDS THE CONSENT OF HIS/HER PARENTS. To that end, we shall get in touch with them and we shall ask them to confirm that they are your parents or guardians and their consent and we shall then be able to accept your application.
2.5.3. Entities in the Grupo Parques Reunidos
For the purposes of the present section on protection of data of a personal nature, GRUPO PARQUES REUNIDOS currently consists of the following companies, dedicated mainly to the management of leisure parks:
“Parques Reunidos Servicios Centrales S.A., Leisure Parks, S.A., Parque de Atracciones Madrid, S.A.U., Gestión Parques de Animales Madrid S.L.U., Parques de la Naturaleza Selwo S.L., Zoos Ibéricos, S.A., Parque de Atracciones San Fernando de Henares, S.L.U., Aquopolis Cartaya, S.L.U, Madrid Theme Park Management, S.L.U., Travelparks Viajes, S.L.U., Mall Entertainment Centre Murcia, S.L.U., Mall Entertainment Centre Temático Arroyomolinos, S.L.U., Mall Entertainment Centre Acuario Arroyomolinos, S.L.U., Parque Biológico de Madrid, S.A.U. y Parques Reunidos Valencia, S.A.U. “en liquidación”.
In addition, within the European Union/ European Economic Area, GRUPO PARQUES REUNIDOS currently consists of the following operating companies exclusively in the leisure sector (leisure parks, aquaria, funiculars, zoos, etc): Bobbejaanland B.V.B.A., and Travelparks B.V.B.A. (Belgium); Parco Della Standiana, S.R.L. and Travelmix, S.R.L., Centaur Holding Italy, S.R.L., and Travelparks Italia, S.R.L. (Italy); Movie Park Germany GMBH, Centaur Holding Germany GMBH, and Movie Park Services GMBH (Bottrop, Germany); Bon-Bon Land A/S, Bonbon-Land Rejser Denmark, and Centaur Holding Denmark A/S (Denmark); TusenFryd A/S, BoSommarland A/S, and Parkferie A/S (Norway); Marineland SAS, LB Investissement S.A., Travelparks SAS, Delphinus SAS, Marineland Resorts SAS, Centaur Holding France 1 SAS, Centaur Holding France 2 SAS, and SCI ColVert (France); Grant Leisure Group, Ltd., Real Live Leisure Company Ltd., and Lakeside Mall Entertainment Centre Ltd. (United Kingdom); Pleasantville BV, Bembom Brothers Beheer BV, Attractie-en Vakntiepark Slagharen BV, Bembom Rides BV, Wigwam Wereld Slagharen BV, Horeca Exploitatie Slagharen BV, Centaur Nederland 3 BV (The Netherlands); Lisbon Theme Mall Entertainment Centre Uniperssoal Lda. (Portugal).
In the event that any tool is introduced into the Portal that involves a financial act by the User, the cookies only gather information about the User’s browser and the User’s session identifier during his/her visit to the Portal, to process the donation, purchase or any other financial process that the User carries out (in particular, bank reconciliations) and to check that the data provided are correct.
In general the cookies that are used in the Portal are only associated with an anonymous user and his/her computer and do not provide references that allow deducing the User’s given name or surnames. As regards the processes that involve a financial act by the User, the data entered by the User during the purchase process shall be associated to his/her session identifier for the bank reconciliations and to confirm the Purchase.
Our cookies cannot read data on the user’s hard disk or introduce viruses into his/her texts.
The User may freely decide whether to admit our cookies into his/her hard disk, as well as whether to eliminate them, by following the procedure set out in the help section of his/her browser. The User may also configure his/her browser to accept or reject by default all the cookies or to receive a notice on the screen that each time a cookie is received and to decide at that moment whether to admit it or not into his/her hark disk.
If the User configured his/her browser to reject all the cookies or expressly rejected our cookies, he/she might have difficulties with completing the processes which involve a financial action by the User in our Portal and his/her browsing on our website may be slower or experience an error.
3.- APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION
These General Use Conditions shall be governed by Spanish legislation, which shall be applicable to that which is not set out in this contract regarding interpretation, validity and execution.