Legal information summary: General Conditions of access and use of the website

1. Legal information

a) The present conditions regulate the permited use of the website available at the URL www.gesturbalear.com (from here on referred to as the website), whose identification data are available further below, makes available to Internet users.

b) Identification data on the owner of the website

2. Aim

The website gives visitors and users of the same access to information on porducts and services offered by GESTUR or persons or bodies related.

3. Acceptance of general and particular conditions

These general conditions regulate the access and use of the website that GESTUR makes available to Internet users free of charge. Access to the website implies the acceptance of these conditions without reservation. The use of certain services offered by the website will be regulated by additional specific conditions previewed for each particular case, and it is understood that by the mere use of these services the user accepts these regulations unconditionally and agrees that these particular conditons stipulated for certain services complement, complete, and/or modify the general conditions which apply to the website on the whole.

4. Conditions of access and use

The visualisation, partial downloading and printing of the webswite content is authorized exclusively subject to the concurrence of the following conditions:

i) That said actions are compatible with the aims of the website;

ii) That said actions are carried out with the exclusive aim of obtaining said content for personal and private use. The use of website content for commercial purposes including distribution, public broadcasting, transformation or decompilation is hereby expressly prohibited;

iii) That none of the contents found within the website are in any way modified;

iv) That no element available at the website (including without limitation, databases, images, genes, drawings, graphs, charts, animations, text archives, audio, video and software) is used, copied or distributed separated from the web page where it appears, cosidering said page as a whole which includes the HTML code that defines it , the text, and all other elements that pertain to it.

5. Subscription to e-mail bulletins / newsletters, and news

a) GESTUR may make available to the website users a newsletter service whereby users will receive e-mailed bulletins, notices on products, events or services, or newsletters, coming from the website, or from GESTUR; or which are about other related contents, products or services which GESTUR considers may be of interest to website users.

b) To enjoy this service it is required that the website user fills in the corresponding subscription form which can be obtained directly through the website and appears on several different pages within the web site. Although the form may ask the user to furnish diverse personal data, the e-mail address provided by the user will be the only identification credential with which GESTUR will in effect acknowledge the user as a bona fide subrscriber.

c) It is the user's responsability to make sure that no third parties can access or use this newsletter service by fraudulently assuming his PIN or password. The user is also solely responsible for choosing his code /Pin / password and for ensuring that his identification code / PIN / password are not stolen, fraudulently used, or lost.

d) In all cases the subscriber is responsible for the appropiate use of the service and the custody of his access code / PIN / password, and must refrain from using this service for illegal purposes or for purposes which are contrary to what is stipulated within these General Conditions.

e) If the subscription to e-mailed newsletters is provided free of charge by GESTUR, the subscriper expressly allows GESTUR to temporarily or permanently cancel the service, vary the requirements for subscribing, modify the characteristics or conditions the service, as it wishes. On the other hand, if GESTUR charges for this type of service, GESTUR must notify the subscriber, well in advance, about any modification in the conditions which may alter, reduce or restrict the user's rights.

f) Unless otherwise stated in the special conditons that in some cases apply to the rendering of this service, it is understood that the duration of the subscription to the e-mailed newsletter will be of 12 months, counting from the date on which the user subscribed, and that once that period of time has elapsed the subscription will be automatically renewed and this automatic renewal will occurr every time the same period comes to an end, unless GESTUR declares otherwise.

6. Links or hyperlinks with/from the website

a) All links to GESTUR 's websitemust take the User directly to GESTUR 's home page, and the use of "deep links" (i.e. direct links to other pages found within the website and which are not the home page) is hereby expressly forbidden. The following are also hereby expressly forbidden: "framing" (i.e. use of "frames", HTML to show content belonging to the website or integrated in a web page that does not belong towebsite ), and any other type of use of the contents belonging to the website in favour of , or on behalf of, unauthorized third parties.

b) Furthermore, any website linking directly to GESTUR 's website must comply with the following:

i) Next to the link button, there will not appear any false, inexact, incorrect statements, or statements that could induce misunderstandings or mistakes, or which are contrary to the law, are inmoral, or against the generally accepted good customs.

ii) No protected commercial name or brand will be included, nor any data or information different from the website's URL address.

iii) The link will not direct users to any pages which contain declarations, statements, contents or propaganda of the following type: racism, xenophobia, pornography, arguements in favour of terrorism or against human rights, or that may in general harm or damage the good name and public image of GESTUR, or of any of the companies, collaborators, business groups, clients or suppliers associated with GESTUR.

c) The inclusion of links to other websites does not mean that GESTUR promotes, supports, sponsors, guarantees or recommends the content of said portals and websites. The website may contain links to other portals and websites not under the management or ownership of GESTUR. GESTUR has no control whatsoever over said portals and web pages, nor is it responsible for the contents of the same, and therefore GESTUR offers these links merely as a source or information or a referrence and does not in any way assess, value or judge the contents, owners, services or products of the aforementioned portals, websites and web pages.

7. General guarantees

a) GESTUR provides the general public with access and use of the website and the information it contains which comes from internal and external sources, in good faith. The user assumes, accepts and acknowledges, by the mere use of the website, that the data and information contained in the website is made available only and exclusively with the aim of informing, and that it may contain errors or imprecissions or that it may not be up-to-date, all aformentioned incidents occurring in spite of the diligence that GESTUR applies to the task of maintaining the website in order.

b) GESTUR reserves the right to carry out at any given moment, and without previous notice, modifications, alterations, corrections or up-dates of the information, configuration, presentation, or user access conditons relative to the website . Furthermore, GESTUR also reserves the right to temporarily suspend, without previous notice, user access to the website in the event that the need arises to carry out maintenance, repair, update or improvement actions of the aforementioned website.

c) GESTUR does not guarantee the inexistance of interruptions or errors while accessing the website or its contents, nor does it guarantee that the website is at every moment up-to-date. GESTUR will carry out all necessary actions to correct whichever problems arise as soon as it becomes aware of said problems, be they interruptions, corrections or updates, and it is hereby understood that it will do so only under condition that there do not exist circumstances which make it difficult or impossible to act.

d) UNDERAGE PERSONS / JUVENILES. In order to access and use the services provided by the website , persons under the legal age or juveniles must first obtain express permission from their parents, tutors or legal representatives, who will be considered legally responsible for all actions carried out by minors under their care. The information accessed by minors, and the services used by them, is the full responsability of the adults who are in charge of said minors. Due to the fact that Internet makes it possible for minors to access content that may not be appropiate to their age, GESTUR hereby advises users that there exist mechanisms, in particular special filtering and blocking programmes or applications which limit the content available to minors and which, although not infallible, are of special interest as a means of controlling and restricting the material to which minors may gain access.

e) It is hereby made known to the general public that GESTUR has outsourced or subcontracted the technical maintenance service of the website , and that this includes the hosting of the same and the Internet connection lodged in the servers of the subcontractee.

8. Liability disclaimer

a) GESTUR does not make any declarations nor offer any guarantees, of any sort , whether explicit or implicit, in relation to the functioning of the website nor in relation to the information, content, software, materials, or products included in the same, maintaining itself within the limits imposed by current laws in effect. Also, GESTUR is exhenorated from offering any guarantees whatsoever, whether explicit or implicit, including the implicit guarantee that the website is ideal for a specific purpose. GESTUR will not be held responsible for any damages of any sort derived from the use of this website , including, among others, direct or indirect damages.

b) GESTUR does not accept liability for any direct or indirect damages (caused by errors or inexactitudes or any other type of mishap) incurred , which could derive from the interruption of service on the part of the website nor from its discontinuity. Also, GESTUR does not accept liability for any possible security errors or deficiencies which may occurr due to the fact that the user has activated a device designed to conserve or save codes, registered user codes, access IDs, or passwords, nor by the fact that the user has navigated or surfed the website using an insecure or outdated programme / application / navigator.

c) The user is hereby understood to be legally liable for any damages incurred by GESTUR as a direct or indirect consequence of the user's failure to comply with part or all of the Genereal Conditions here stipulated, or derived from the user's failure to comply with the particular conditions applicable to certain services offered.

d) Companies, professionals or collaborators offering their services on the website wil be held legally liable for any damages incurred by GESTUR as a direct on indirect consequence of their failure to comply with current law applicable to these General Conditions or applicable to the particular conditions which regulate their professional activity offered through the website .

9. Industrial and intellectual property rights

a) The rights of intellectual property (copyright) of the website, affect the source code, design, navigation structure, databases, and the various elements which make up the content; and are the property of GESTUR or its purveyors / suppliers. GESTUR has the exclusive copyright exploitation rights over these , in all forms, and specially in reference to the rights of reproducction, distribution,public communication and transformation.

b) All software employed in the use and development of the sitio web is the property of GESTUR or its software purveyors, having been -in this last case--subject to licencing or ceding from the same and is protected by national and international copyright laws on intellectual and industrial property, the world over.

c) GESTUR is the owner of the rights over the industrial property and copyrights related to its products and services and specificly related to the brands / marks, commercial signs and logos of the same which appear in the website and which have been duly registerd or are in the process of being registerd. In respect to the aforementioned products which are owned by third parties appearing in the website, GESTUR acknowledges that these third parties have full ownership and rights over said products and that the fact that they appear within the web does not in any way conferr any property rights to GESTUR nor does this fact imply that GESTUR is in any way responsible for or liable for those products, nor does it recommend, promote or give backing to any of them except when and where it clearly and expressly manifests so.

d) Any unauthorized use, re-sale, or infringement on GESTUR's rights of intellectual and industrial property related to the website will entail legal actions against whichever person or company carries out these actions and said legal actions will be subject to currently established laws.

10. Personal details

a) In compliance with the provisions of 3/2018 of December 5, Protection of personal data and guarantee of digital rights (LOPDPP) and of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding protection of natural persons with regard to the processing of personal data and the free circulation of these data, "Gestur Balear" informs you that, by filling in the form, your personal data will be incorporated and processed in the user file of the "Gestur Balear" website, with the sole purpose of being able to provide and offer our services, send you information and advertising on topics related to the "Gestur Balear" theme. "Gestur Balear" undertakes not to provide the information contained in said file to third parties.

Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, being the responsible for the file that treats them "Gestur Balear", with address at C / Avenida Alejandro Rosselló, 13 B, 1st floor, 07002 Palma de Mallorca, Balearic Islands (Spain). You can exercise the aforementioned rights through the data modification or cancellation form, or through the electronic address via e-mail info@gesturbalear.com

b) GESTUR maintains and upholds a confidentiality policy. It is committed to the safekeeping of all personal data of the users of the website. This protection includes the collection and use of the information provided by the user through the website.

c) In this sense GESTUR agrees to not share or cede personal data furnished by the website user without his / her express consent. In spite of this, and in accordance with what is established in LOPDP, the user expressly authorizes GESTUR to share the user's personal data to other companies as long as said companies belong to GESTUR's same group or corporation, and no matter in which country these companies are situated, even if the destination country does not offer a high level of protection equivalent to that offererd byLOPDP, and the user is informed that said sharing of data between companies belonging to our same group is carried out with the sole and express condition that those third parties use the data to comply with services and commercia aims hired. The authorization here explained can be rejected by the user and made null and void at any moment , without retroactive effects.

d) GESTUR guarantees the user, under the terms established in the Organic Law of 15/1999, dated 13 December and relevant to the Protection of Personal Data (LOPDP), that we will treat your data with utmost care and confidentiality, and also we guarantee that the server which deals with and stores said personal data has put into effect all the necessary means in orde to ensure that said data cannot be accessed by unauthorized third parties. Nevertheless, GESTUR will cede through electronic means, part or all of the user's personal information data to the authorities when and if these authorities have been legally validated to access these data under the terms and legal dispositions applicable in each case.

e) Should the user provide personal data on third parties (for example, by using the service of "recommend a friend"), and as long as these data are incorporated into a file of automated data, GESTUR, complying with what is stipulated in the LOPDP (article 5.4), will notify said third parties that it is in possession of said data; it will indicate who the owner of said file is, and what the content and aim of the file is; furthermore it will do so within the 3 months following the moment in which GESTUR received the data. GESTUR will also let the third party know that he/she can exercise his/her right to access, modify, cancel or oppose the use of his/her personal data.

11. Notifications

a) All notifications and communications addressed to GESTUR by the user will be considered valid and effective when carried out by any of the means which GESTUR makes available to the website users. Nevertheless, when GESTUR provides the user with a direct and automatic means of communication which allows the user to autonomously carry out the actions required to send a missive to GESTUR, the website user is obligated to send his / her missive through said automatic means.

b) All notifications and communications addressed to GESTUR by the user will be considered valid and effective when carried out by any of the means which GESTUR makes available to the website users. Nevertheless, when GESTUR provides the user with a direct and automatic means of communication which allows the user to autonomously carry out the actions required to send a missive to GESTUR, the website user is obligated to send his / her missive through said automatic means.

i) Text communication to be sent to the user's postal address, when and if said address has been previously furnished to GESTUR by the user.

ii) Text communication to be sent to the user's e-mail address, when and if the user has furnished said e-mail address to GESTUR either previously or at the very same moment in which communication is taking place.

iii) Oral communication to be carried out by phone, when and if the user has furnished GESTUR with the correct phone number.

iv) Communication to be carried out by using the web pages which appear before the user's eyes when surfing through the website or making use of the services offered by said website;

v) Communication to be carried out by means of pop-ups which appear on screen while GESTUR furnishes service to the user.

12. Validity clauses

Should any clause of the present General Conditions be declared partially or totally nul, void, or inefficient, said declaration will have exclusive effect on that particular clause without it affecting the rest of the part or the whole of these General Conditions. The invalidation of said clause will be understood to affect that clause exclusively and have no effect whatsoever over the rest of the part or the whole of these General Conditions, unless said clause is deemed to be an integral or essential part of the General Conditions.

13. Applicable law and jurisdicction

a) The present General Conditions are to be interpreted and executed in accordance with current Spanish law.

b) GESTUR and the user, both renounce any rights they may have under a jurisdiction other than that pertaining to the user's domicile in case of conflict deriving from the use or access to the website. In the case that the user's domicile / residence is situated outside of Spanish territory, GESTUR and the user of the website expressly agree to renounce any rights they may have under a jurisdiction other than that pertaining to the courts and tribunals where GESTUR is officially domiciled and registered.