Disclaimer

Browsing and using the website www.swanrem.com (the “Website”) implies that the user must have accepted all of the terms and conditions on this page, which shall be deemed as valid and binding as any agreement executed in writing and signed. It is recommended that these terms and conditions be read carefully every time you wish to browse this Website. If you do not agree with the terms and conditions set out herein, do not access, browse or use the Website.

1. Information about the webmaster

SWAN REAL ESTATE SGEIC, S.A. (hereinafter, the “Entity”)
TIN: A-66147737
Address: Calle Córcega 302 4º 2ª, 08008 – Barcelona
Email: info@swanrem.com
Telephone no.: 93 144 60 67

2. Website content

These General Terms and Conditions of Access (the “Terms and Conditions of Access”) govern the use made by any person (the “User”) who accesses, browses, utilizes or contributes to the web pages that make up the Website, as well as the contents and services included on it.

The Entity reserves the right to modify and update the information contained on the Website, its settings, availability and layout, as well as these Terms and Conditions of Access, at any time whatsoever without prior warning.

Should a User not accept these Terms and Conditions of Access or, if applicable, the specific terms and conditions that govern the use of a certain service and/or content designed for the Website Users as put in place by the Entity, the User must refrain from accessing the Website.

The Entity may establish specific terms and conditions for the use of certain contents and services, of which the Users must be made aware and accept prior to using them pursuant to the terms and conditions to which they are subject.

3. Access to the Website

The User shall access the Website at her/his sole risk. The contents and services have the exclusive purpose of disseminating information about the business conducted by the Entity.

The User may access the Website free of charge without the need for prior consent to use the contents and services available on it, notwithstanding the technical conditions or the requirement to sign up for certain services and specific contents beforehand, as set out in the specific terms and conditions of these services.

The User undertakes to make appropriate, proper and lawful use of the Website’s contents and services. Illegal, unlawful activities or activities in breach of good faith and fair dealing are strictly prohibited, as is, in general, any conduct that infringes, violates or may go against respect for human dignity and the principle of non-discrimination based on race, gender, religion, opinion, nationality or any other personal or social circumstance; that is against the protection of public health, consumers and users; or that is against the protection of youth and childhood. Furthermore, any activity intended to impersonate any other person or entity, or to interfere with, breach, alter or disconnect the system, servers, networks and contents is strictly prohibited, as is the failure to comply with connection requirements.

The User shall use the services and contents for personal purposes only, whereby their use is prohibited for promoting, selling, contracting, advertising or divulging personal or third-party information, notwithstanding the provisions in any specific terms and conditions that may govern the use of a certain service and/or content.

The User must refrain from using any type of computer virus, code, software, computer program, hardware or telecommunications device that may cause damage or unauthorised changes to the contents, programs or systems that are accessible through the services and contents posted on the Website or on the information systems, files and hardware of the users, and the unauthorised access to any content and/or service on the Website.

The Entity reserves the right to exclude the User from its services without prior warning and to adopt any measures it may deem appropriate at any given time, in order to prevent any of the above forms of conduct or activities.

4. Intellectual and industrial property rights

The Website is subject to Spanish laws on intellectual and industrial property. Under no circumstances shall it be understood that accessing, browsing and using the Website or the utilization and/or engagement of the products and services offered on the Website entails a waiver, transfer, licence or partial assignment of these rights by the Entity to the User.

References made to trade names and trademarks, logos or other distinguishing marks, whether owned by the Entity or third parties, are subject to a strict prohibition on their use without the consent of the Entity or their legitimate owners. At no time whatsoever, unless expressly stated otherwise, shall access to or use of the Website and/or its contents and/or services, confer any rights on the User over the trademarks, logos and/or distinguishing marks included on it that are protected by Law.

All the intellectual and industrial property rights on the contents and/or services are reserved and, specifically, it is prohibited to modify, copy, reproduce, publicly disclose, any of the contents and/or services included on the Website in any way whatsoever, whether in full or in part, for public or commercial purposes, without the Entity’s prior, express and written consent or, if applicable, of the owner of the corresponding rights.

The person, persons or legal entities that breach intellectual or industrial property rights shall be liable before the competent Courts.

The Website contains texts written solely for information or dissemination purposes that may not reflect the current state of technology and that refer to general situations, as a result of which their content may not ever be used by the User in specific cases.The opinions expressed in them do not necessarily reflect the Entity’s points of view. The content of the articles posted on this Website may not, under any circumstances whatsoever, be considered a substitute for specialised, customised advice. The User should not act on the basis of the information posted on this Website without seeking the relevant advice from the Entity beforehand.

5. Privacy policy and personal data protection

This Personal Data Protection Policy is an integral part of the Website’s disclaimer.

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on their free movement (“GDPR”), which repealed Directive 95/46/EC, in addition to all other regulations in force, the Entity hereby informs the Users that their personal data shall be added to the Entity’s databases, for which the following are responsible:

5.1 Details of the data controller and contact details of the Chief Information Security Officer

Identidad: SWAN REAL ESTATE SGEIC, S.A.

Teléfono: 93 144 60 67

E-mail: info@swanrem.com

Responsable de Seguridad: Joaquim Arqué

5.2 Purposes of data processing

The data about you that the Entity shall keep on record are your name, address, telephone number, e-mail address, as well as your username, password and payment details if you are a registered customer.

The Entity shall process the information it has about the persons affected for the following purposes:

• Handling any type of request, suggestion or enquiry about our professional services submitted by interested parties.Internal research and development on the products and services we offer.Marketing messages, which entails the processing of your data for the purposes of informing you about activities, useful articles and general information about our services via email.Interested parties may deregister from receiving these messages by writing to the following address: info@swanrem.com.Handling the data submitted by job candidates on their curriculum vitae (CV) for a selection and recruitment process.Likewise, we may be obliged to use and hold personal information for legal and compliance reasons.

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It is also possible that we may use personal information to comply with internal and external audit requirements, and in any other way we consider necessary or suitable: (a) by virtue of the laws in force; (b) in response to requests from courts, security organisations, regulatory bodies, and other public and government authorities; (c) pursuant to our terms and conditions; and (d) to protect our rights, privacy, security and property, or those of other individuals.

The Entity shall process your data and information submitted for selection processes in the strictest confidence, whereby it shall adopt all of the technical and organisational measures required to prevent their loss, misuse, alteration and/or unauthorised access.

Data retention

Handling CVs. The Entity may retain your CV for a maximum term of one year. Once this term has elapsed, it shall be automatically destroyed in compliance with the principle of data quality.

In order to set the retention periods for all other data, the Entity takes into account local laws, contractual obligations, and our customers’ expectations and requirements. Whenever personal information is not necessary for the purpose for which it was collected, we eliminate or destroy it securely.

5.3 Legitimation

• We process all personal data transparently and fairly in compliance with the law. Data processing is carried out:

• For executing agreements entered into with the Entity, as they must be processed for us to fulfil our commitments with you. With your consent.For satisfying a legitimate interest sought by the Entity’s affiliates.In compliance with the law.

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5.4 Dataflow

Data controllers. The Entity may provide access to certain personal data by others whenever it deems it necessary to do so, in order to render its services, as well as to improve them. Whenever we share personal information, we do so in compliance with privacy and data security requirements.

• Group companies. We share personal data with companies that belong to the Group in order to render and improve the services you have engaged from us.

Data disclosures. Personal data is not disclosed to third parties, unless the Entity is legally required to do so. Personal data disclosure, access and/or processing is not considered to have taken place whenever the data is required to properly render any of the services that the Users have engaged.

5.5 Sources

Sources. The Entity collects personal information from the following sources:

• Information that is directly provided by the persons concerned when they ask us for information, take out or use our services, or when they request customer services.In addition, we may also obtain information from third parties that we consider is in the public domain or in a trade database in order to be able to offer you services that we believe may be useful to you and to keep accurate data on record, as well as to improve our products and services.

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5.6 Rights

The right to access, rectification and erasure. Interested parties have the right to obtain confirmation about whether the Entity is processing personal data that concerns them or not. Interested parties also have the right to access their personal data and to seek the rectification of imprecise data or, where applicable, request their elimination when, among other reasons, the data are no longer needed for the purposes for which they were collected.

Right of restriction and to object. In certain circumstances, interested parties may seek the limitation of the processing of their data, in which case we can only keep them to lodge or defend ourselves against complaints. Under certain circumstances and for reasons related to your particular situation, interested parties may object to the processing of their data. The Entity shall stop processing the data, except when there are compelling legitimate grounds not to do so, or to make or defend itself against potential complaints. Right to data portability. The interested parties are entitled to request the right to data portability, whereby their data shall be directly transferred to another entity or company, whenever this is technically feasible.

These rights may be exercised by writing a letter to the Entity to the address set out in section 2 of this disclaimer or an email to info@swanrem.com, with a copy of a valid ID document attached.

5.7 Updates and modifications 

The Entity reserves the right to modify and/or amend the information about personal data protection whenever necessary for full compliance with the Data Protection Regulation. If any modifications are made, the new text shall be posted on this page, where you shall have access to the updated policy. In any event, the relationship with Users shall be governed by the regulations in place at the exact time you access the Website.

5.8 Communications channel and assistance

The Interested parties may make any enquiries about the processing of their personal data or the interpretation of our policy by writing to the following address: info@swanrem.com.

Pursuant to the provisions of Act 34/2002, of 11 July, on Information Society Services and E-Commerce, you may withdraw your consent to receive marketing and promotional messages at any time by writing an email or other equivalent means of electronic messaging to SWAN REAL ESTATE SGEIC, S.A with the subject line “BAJA E-MAIL” to the following address: info@swanrem.com.

The Entity has an active profile on the main online social media (Facebook, Twitter, LinkedIn, YouTube and Google+). The Entity shall in all cases process its followers’ data as permitted by these social media for corporate profiles. The Entity shall therefore inform its followers using any means permitted by these social media about its business, talks, offers, as well as giving its customers tailor-made services. Under no circumstances shall the Entity extract data from social media, unless it had obtained the User’s one-off, express consent to do so.

6. Use of Cookies

Pursuant to the provisions of section 22.2 of Act 34/2002, of 11 July, on Information Society Services and E-Commerce, SWAN REAL ESTATE SGEIC, S.A. hereby informs you about its data collection and cookies policy.

What are cookies?

Cookies are files that may be uploaded to your computer from the web pages of the Website.

They are tools that play an essential role in providing many services in the information society. Amongst others, they allow a web page to store and retrieve information about a User’s browsing habits from her/his computer and, depending on the information obtained, they can be used to recognise the User and improve the services offered.

What types of cookie are there?

Depending on the purpose for which data obtained from cookies are processed, a distinction can be drawn between:

– Technical cookies. They allow a user to browse a website, platform or app and to use the various options or services offered on them, such as controlling traffic and data disclosure, logging in to a session, accessing restricted sections of a website, remembering items that form part of an order, completing the purchase of an order, filling in a registration form or signing up for an event, using security features during a browsing session, storing contents for broadcasting videos or audio files, or sharing contents through social media.

– Personalisation cookies. They allow a user to access a service using certain predefined characteristics of a general nature in line with a number of criteria on the User’s computer, such as the default language, the type of browser used to access the service, the regional settings from where the service is accessed, etc. 

– Analytical cookies. They enable cookie managers to monitor and analyse the behaviour of users on the websites to which they are linked. The information collected from this type of cookie is used to measure the traffic on a website, app or platform in order to establish the browsing profiles of the users of these websites, apps and platforms for the purpose of making improvements based on the analysis of the data relating to the use made by users of the service.

– Advertising cookies. They are the most efficient way of managing advertising space that, if applicable, the editor has included on a website, app or platform from which a service requested is rendered based on criteria such as the content edited and the frequency at which advertisements are shown. 

– Behavioural advertising cookies. They are the most efficient way of managing advertising space that, if applicable, the editor has included on a website, app or platform from which a service requested is rendered. These cookies store information about the behaviour of users obtained from the ongoing observation of their browsing habits, which makes it possible to build a specific profile to display advertisements based on these habits.

What types of cookies are used on this Website?

This Website uses the following types of cookies:

Technical and analysis cookies

How can cookie settings be modified?

The User can restrict, block or delete the Website’s cookies, or those on any other website, from her/his browser. Each browser works differently. Below are links to the most popular browsers with information on cookie settings:

Internet Explorer: windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=”ie-10″

FireFox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

Chrome: support.google.com/chrome/answer/95647?hl=”es”

Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Warning about the deletion of cookies

If you reject the cookies you will be able to continue using the Website, but this may restrict the use of some features or prevent the Website from working properly, and the User must start a new session for each of the services that require the User to register or log in.

7. Marketing messages through the Website

Should the User send any type of information to the Entity through the channels made available on its Website for such purposes, the User states, warrants and accepts that she/he is entitled to do so of her/his own free will, that such information does not breach any rights on intellectual property, brand names, patents, trade secrets or any other right held by third parties, that it is not confidential in nature and that it does not damage third parties.

The User assumes all liability and shall hold the Entity harmless against any disclosure that she/he provides personally on her/his behalf or on behalf of third parties, to the extent that said liability shall not be bound by restrictions of accuracy, lawfulness, authenticity, origin or ownership.

8. Links to other websites

All links, hypertexts, deep links, framing or any other type of virtual connection through telecommunications networks from any website or URL address (the “Links”) to the Website must be authorised by the Entity.

In the event that the User found Links on the Website to other websites that are managed by third parties, the Entity hereby states that it does not have the staff or technical means for monitoring, checking or approving the content, information and services provided therein. Therefore, the Entity shall not assume any liability whatsoever for any matter related to a website that may have a link to it from the Website. The existence of any link(s) to any third-party website(s) shall not mean that there is a partnership or business relationship between the Entity and the data controller of the third-party website.

The existence of external links on the Website does not imply that the Entity recommends the contents on the landing pages.

Should the Users become aware beyond all reasonable doubt that the Website of third parties to which they are taken from a link conducts activities of an unlawful nature, they should immediately report this to the Entity so that it is able to disable the link to it.

9. Links on other websites to the Website

Should any User, entity or third-party website wish to post a link to the Website, the following conditions shall prevail:

Only full, unbroken links may be created, that is, they must take the User in one click to the URL of the Website and must display the home page of the Website on the whole of the screen. Unless the Entity grants its express written permission to do so, under no circumstances may a website that hosts a link to the Website include it as part of its website or as part of one of its frames or create a browser on any of the Website’s pages.

On the page on which a link is posted, no statements may be made that the Entity has authorised it, unless the Entity has given its express written permission to do so. Should an entity that hosts a link from its website wish to include the trademark, brand, brand name, label, logo, slogan or any other type of feature that identifies the Entity and/or its Website, it must seek express prior written permission to do so.

The Entity does not authorise the posting of links to its Website from others that contain materials, information or contents that are unlawful, illegal, degrading, obscene and, in general, that go against the law, moral codes of conduct, public order or generally accepted social norms.

The Entity neither has the powers nor the human or technical resources to be familiar with, monitor or approve all of the information, contents, products or services provided by other third-party websites that may have links to the Website. The Entity may not be held liable for any aspects relating to other third-party websites that have a link to the Website, including, but not limited to, their operation, access, data, information, files, quality and the reliability of their products and services, the links on them and/or any of their general contents.

10. Liabilities and warranties

The Entity is unable to warrant the reliability, usefulness or veracity of the services or the information provided though its Website, nor the usefulness or veracity of the documentation on events that may be engaged from the Website that are prepared by experts from various sectors.

Therefore, the Entity is unable to warrant nor may it be held liable for:

a) The continuity of the contents on the Website.

b) The absence of errors in the contents or products.

c) The absence of viruses and/or other harmful components on Website or the server that hosts it.

d) The invulnerability of the Website’s security measures put in place on it.

e) The lack of usefulness or underperformance of the Website’s contents and products.

f) The damages caused to any individual or third party arising from the infringement by said individual of the conditions, rules and instructions set by the Entity on its Website or from the violation of the security systems put in place on it.

The Entity may not be held liable for any failures, errors or damage, whether direct or indirect, that the User may experience on her/his computer system (hardware and software), files or documents stored on it that are caused by or arise from:

a) The capacity or quality of the computer system or the presence of a virus on the User’s PC that is used for the connection to the Website’s services and contents.

b) Your Internet connection or access.

c) A malfunction of your browser, or the use of apps by the User that are not updated versions or for which the relevant end-user licence has not been obtained.

However, the Entity hereby states that it has adopted all of the necessary measures within its means and level of technological competence to ensure the Website is up and running, and to avoid the presence and transmission of viruses and other components that may be harmful to the Users.

Should any User become aware of the existence of any content that is unlawful, illegal, in breach of the law of that may be a breach of intellectual and/or industrial property rights, she/he should notify the Entity immediately so that it may proceed to adopt the appropriate measures.

11. Term and modifications

The terms and conditions set out herein are subject to partial or total modifications without prior warning by the Entity. Therefore, they are only valid for the time during which they are posted on the Website. Any modifications, whether partial or total, shall be posted in the same way as these current General Terms and Conditions, so before accessing, browsing or using the Website the User must have read the General Terms and Conditions of Access posted at that time.

The Entity may terminate, suspend or interrupt access to the contents on the Website at any time, whereby the User shall not be entitled to claim any indemnity whatsoever.

12. General provisions

Should one or more of the provisions of these General Terms and Conditions of Access be deemed illegal, null and void or invalid by a Court/Tribunal or other administrative body, the validity, binding nature and lawfulness of the rest of the provisions in the General Terms and Conditions of Access shall not be affected, unless a party alleged that making them null and void or invalid is able to prove that without the clause that had been made null and void or invalid the purposes pursued by these Terms and Conditions could not be fulfilled.

The visitors to this Website and any person or company that uses or acquires any product or service provided on it hereby expressly waives her/his/its right to any other jurisdiction to which she/he/it may have recourse, whereby they submit, unless not permitted by law, to the jurisdiction and powers of the Courts and Tribunals of the city where the Entity has its registered offices, for the resolution of any matters that may arise in the interpretation, application and performance of these Terms and Conditions, as well as for any claims that may arise from any use made of this Website.

13. Contact information

The entity is happy to receive any comments about these General Terms and Conditions of Access. If you believe that the Entity has failed to keep to this statement, please contact us by writing a letter to the Entity’s address or an email to info@swanrem.com. We shall make every commercially reasonable endeavour to examine the problem and solve it in the briefest possible delay.