DISCLAIMER

Both this website (hereinafter, the “website”) and the products and services provided are managed by Parkia Iniciativas S.L.U. and its subsidiaries, which are the following: Acvil Aparcamientos, S.L.U., website owner, with registered offices in Madrid (Spain), C/Princesa, 29 3ºDcha., 28008 Madrid, with tax code B-73.454.134, Companies Register of Madrid. Tome 28221, page number M-508317, book 0, section 8, folio 189 and e-mail address clientes@parkia.es., Laoconte Operaciones, S.L.U with tax code B-10.464.758, Parkia Movilidad Urbana, S.L.U. with tax code B-88.048.616, Inversiones Estromboli, S.L.U. with tax code B-87.151.064, Inversiones Filicudis S.L.U. with tax code B-87.151.072 , Inversiones Hildas, S.L.U. with tax code B-87.176.046, Inversiones Koronis, S.L.U. with tax code B-87.151.080, Inversiones Leucade, S.L.U. with tax code B-87275780, Inversiones Pallas, S.L.U. with tax code B-87.151.098, Parkia Canarias, S.L.U. with tax code B-76.092.329, Estacionamientos Granada, S.A.U. with tax code A-18.360.628, Compañía Concesionaria del Aparcamiento de la Plaza Gernikako Arbola de Barakaldo-Parking Juzgados, S.A.U. with tax code A95.031.985,   all with registered offices at C/Princesa, 29  3ºDcha., 28008 Madrid; Parking de Clínica, S.A. with tax code nº A-58.815.572 with registered offices at Plza. Manuel Corachan, 4 08017 Barcelona; Parking Arenal S.A. with tax code A-95.236.840 with registered offices are Paseo Arenal, 1 Bilbao 48005; and Aparcament Vertical Del Maià, S.A.U. with tax code A706.804G and registered offices at Pas de la Casa, parroquia d’Encamp, Aparcament Comunal del Pas de la Casa (Andorra), hereinafter jointly or individually, indistinctly, Parkia Iniciativas S.L.U. and its subsidiaries.

The purpose of the terms and conditions described herein is to regulate access and use of this website by its users.

By accessing this Website you accept the status of user.

The user shall use the services and contents entirely under his/her own responsibility and for private purposes and/or based on its legal relationship to Parkia.

The user, by accessing this Website and/or browsing and /or using the contents or services and/or participating in promotions or contests, expressly agrees to comply with and be bound by the terms and conditions of use of the Website described herein, (hereinafter, the Terms and Conditions) and its privacy policy (hereinafter, the Privacy Policy). Should these Terms and Conditions be wholly or partly replaced, these new terms and conditions shall be deemed accepted, as mentioned above.

Any charges associated to connecting to this Website, as well any other legally applicable charges, now or in the future, shall be born by the user.

Users may direct any queries they may have on these Terms and Conditions and/or on Privacy Policy, to our e-mail address: clientes@parkia.es

The www.parkia.es Website grants users access to multiple services, information, programs or data (hereinafter, the “Content”) in the Internet, property of Parkia.

Although Parkia acts in good faith, it accepts no responsibility whatsoever, direct or contingent, on any and all potential claims arising from the quality, reliability, accuracy or correction of said Content.

The user agrees to make an appropriate use of the Content offered by Parkia through its www.parkia.es Website, including but not limited to, not using them for the purpose of (i) incurring in illicit or illegal activities or activities contrary to good faith, morality, good conduct and/or order or public safety; (ii) disseminating contents, comments or advertising of a racist, xenophobic or pornographic nature, inciting to or glorifying terrorism or against the youth or childhood or against human rights; (iii) damaging Parkia’s physical and logistics systems or those of its suppliers or of third parties or manipulating said systems or introducing or spreading computer viruses in the network or any other physical or logistics systems potentially able to produce the aforementioned damages; (iv) trying to access and, where applicable, using or manipulating the e-mail accounts property of other users and modifying or manipulating their messages or infringing their privacy and intimacy or any other of their fundamental rights or carrying out any actions preventing or hindering the access of users to the Website ; (v) introducing, storing or disseminating by any media or device any comments and/or contents infringing any of Parkia’s rights or those of third parties and, specifically, any and all intellectual or industrial property rights; (vi) using the Content to promote, sell, contract, disseminate advertising materials or information, of their property or belonging to third parties, without Parkia’s prior express authorization in writing ; (vii) undertaking any actions resulting in the playback, distribution, copy, rental, sale, public communication or any other actions resulting an amendment or alteration of any and all the Content of this Website or their commercial use, whether lucrative or free of charge, without Parkia’s prior express authorization in writing; (viii) using the Content in this Website in a manner contrary to its terms and conditions of use and its privacy policy and any and all other specific conditions governing the use of a particular service and/or content.

The Terms and Conditions set forth herein shall apply without prejudice to the duties and obligations the user shall legally abide by, under any applicable regulations, regardless of its legal status or issuing body, including judicial and transnational bodies.

All Content as well as any elements embedded in them (including, among others, data, images, pictures, graphics, animation, creativities, sound, audio, video, drawings, software or text, brands or logos, trademarks or distinctive signs, color combinations, structure and design, selection of materials used, computer programs needed for execution, access and use, etc.) are the property of Parkia or, where applicable, of third-party entities or individuals authorizing Parkia to use them and, are protected by the applicable legislation with respect to industrial and intellectual property.

The rendering of services and publishing of Content through the Website, under no circumstances shall imply the assignment, waiver or transfer, wholly or partly, of the ownership of the corresponding intellectual and industrial property rights, nor of any other rights.

Likewise, the user shall not use, disseminate, distribute, publish, export, playback nor copy all or part of the Content or of the design of this Website (including graphic or word brand, legend, comments, phrases, etc.) without Parkia’s prior express authorization in writing.

Likewise, Parkia reserves the right to request the immediate removal of any link, comment or content relative to this Website which had been used, disseminated, distributed, published, exported, used, played or copied in breach of the dispositions set forth in this Terms and Conditions, by any media and on any device.

Parkia shall pursue the lack of compliance with these terms and conditions, as well as any improper use of the website, by means of any and all legal actions, including criminal proceedings, that may be applicable under the law.

Under no circumstances, shall Parkia accept any liability, for damages of any nature which could arise, by way of illustration, but not limited to, from errors or omissions in the Content, lack of technical availability, quality, reliability, accuracy, scope, truthfulness and validity of this Website and of its Content or from their dissemination of viruses or malicious or harmful programs, despite having taken all the technological measures needed to prevent them.

The user accepts all responsibility and risk for the use of this Website. This responsibility includes any potentially required login registration needed to access specific Content. The user undertakes to provide truthful and legal information for the purpose of this registration. Arising from this login registration process, the user may be given a password for which the user accepts responsibility, undertaking to make a diligent and confidential use of it, as well as taken all necessary measures to prevent access and/or use by third parties, solely accepting all responsibility from any and all consequences potentially arising from its improper use.

Website users shall be personally liable for any injury or damage of any nature caused to Parkia and/or to any other user or third-party due to his/her failure to comply with these Terms and Conditions.

Parkia reserves the right to remove all comments or contents published by the user in the Website it deems not adequate for publication or to ask the user to immediately remove them, as well as to deny or withdraw access to this Website and/or to its Content, at its own request or that of a third party, to those users failing to comply with these Terms and Conditions. Parkia declines any and all liabilities that could be derived from reading and/or interpreting the comments published by the user in the Website. Parkia does not agree with nor accepts any responsibility for the accuracy and truthfulness of any comments or contents published by the users, and declines any responsibility their use may give rise to.

Through this Website, the User may, from time to time, submit information and materials such as text, images, pictures, graphics, music, videos, audiovisual works, data, files, links and others materials (referred to as “Delivery” or “Deliveries”) Submitting files, or publishing text in the forum or blog sections or in any other sections which may be available in the future, implies the assignment of publishing rights in our website, free of charge, in line with the spirit of the website, and to the aim of helping the entire community of users.

Parkia reserves the right not to publish said files at its own discretion. By submitting any materials the user accepts and acknowledges these conditions. Any Deliveries made by the User shall remain his/her property, but, under these conditions, each Delivery implies granting to Parkia a free of charge, nonexclusive, irrevocable, perpetual, transferable and fully sub-licensable (through any third-party) worldwide license for:

(i) the playback, distribution, broadcast, communication to the public, making available to the public, display and exhibit (publicly or in any other way), editing, transforming, modifying, adapting, creating works derived from the Delivery subject of this license and its other uses, in any format and through any media. (ii) exercising the aforementioned rights by means of any manner of advertising and promotion through any media. (iii) embedding or causing to embed its logo, trademark or brand at the heading and/or closing of the Delivery. The assignment of the rights of use of the Delivery includes any and all elements comprising them (musical rights, voice-overs, sounds, computer graphics, animation, scripts, fixed and moving associated images, logo, etc.).

Parkia may exercise, at its own discretion, its rights granted by the User under this agreement and shall not be required to use the work(s) subject to this agreement. Any User sending a Delivery under these conditions represents and warrants that:

(i) has the legal right and ability to subscribe this license; (ii) is the sole owner or is legally authorized to exercise any and all of the rights on the Delivery subject to these conditions, as well as to grant the rights and licenses hereof and those relative to any potential third party materials and/or content showing or having been incorporated into the Delivery; that all express written authorizations from all their owners and rights holders have been obtained on these third-party materials and/or contents, required to grant the rights and licenses hereof; (iii) has obtained written consent, authorization and/or permission from any and all identifiable persons included in the Delivery for the use of their name and image, in order to use said Delivery as provided for by this license. (iv) the Delivery subject of this license, represents no infringement of any patent, intellectual property rights, registered brand, trade secret or any other third party rights; (v) the Delivery subject of this license is not confidential and does not contain any confidential information; (vi) when creating the Delivery: (a) the User has complied in all respects, with any legislation, rules (including, without any limitations, our Disclaimer) and applicable regulations and (b), has not and will not breach any agreements expressly or implicitly binding for the user. (vii) this Delivery represents no defamation or libel against any person, business and/or association.

Parkia Iniciativas S.L.U. and its subsidiaries may make any modifications deemed relevant in the Contents, being able to change or remove them, totally or partially, and the way in which they are presented or located.

Parkia Iniciativas S.L.U. and its subsidiaries may modify these Terms and Conditions and the Privacy Policy at any time to adapt them to legislation changes or for strategic corporate decisions. Similarly, it is recommended that the user access them every time they wish to use the website contents.

The validity of the Terms and Conditions and the Privacy Policy shall be implemented indefinitely until they are fully or partially modified or replaced by other duly published on the www.parkia.es website.

Parkia may include, in its Website, links or hyperlinks to other Internet sites, Parkia shall exercise no control whatsoever over said sites and contents.

In no event shall Parkia bear any responsibility for the contents of any link or hyperlink belonging to an outside website, nor shall it make any warranties as to the technical availability, quality, reliability, accuracy, scope truthfulness and validity of any materials or information contained in any of said hyperlinks or any other Internet websites.

In no event shall Parkia bear any responsibility for the results obtained through these links or for any consequences arising from the Users access to them. Parkia shall only accept responsibility, under article 17 of the Law on Information Society Services and Electronic Commerce, for those contents and services provided by the linked websites in so far as it is effectively aware of the illegality and it has not disabled the link with due diligence.

JURISDICTION AND GOVERNING LAW

The relationship between Parkia and the user shall be governed by Spanish law and any controversies shall be subject to the Courts and Tribunals of the city of Madrid.

OBTAINING PERSONAL DATA

The personal data, for which PARKIA INICIATIVAS, S.L.U. and its subsidiaries is responsible for processing, come from various sources, as indicated below:

Registration data: When the user registers on our website, we can gather various types of personal information including, by way of example and without limitation, their name, surnames, date of birth, domicile, email, national identification number or similar, personal telephone numbers, etc. This is always declarative information you provide us. On the other hand, simply browsing our website, without the need to fill in any registration, is only subject to our cookies policy.

Suggestions/Comments: WE can gather information that personally identifies you when you send questions or suggestions to our Customer Service Department.

Ideas/Blog: We can gather information that personally identifies you (including your image) when you send us ideas or comments. Upon sending an idea or comment the user accepts that the data provided (including their image) shall be published on the website as well as, if appropriate, the portal of PARKIA INICIATIVAS, S.L.U. and its subsidiaries on social networks.

Forms for engaging our services: When you engage our products and services, you may do so using the corresponding form in which the information that is necessary for executing the relevant contract is requested. In these forms, we request your consent to send informative and commercial notifications.

Forms for registering suppliers: When we engage suppliers for the provision of services, we obtain personal contact data of the supplier or their representative for the exclusive purposes of handling and managing the relevant contract.

It is the policy of PARKIA INICIATIVAS, S.L.U. and its subsidiaries to limit obtaining personal data to those strictly necessary for the purposes for which they are processed.

LEGAL BASIS OF THE PROCESSING

The processing of personal data by PARKIA INICIATIVAS S.L.U. and its subsidiaries only takes place in accordance with applicable legislation and, in particular:

• When necessary for the execution of a contract to which the interested person is party.
• When we have consent (e.g., to receive informative or commercial notifications beyond a contract in which you are an interested party, or for internal analysis tasks to improve our products and services).
• When we are obliged for compliance of legal obligations or the processing is in response to legitimate interests of PARKIA INICIATIVAS, S.L.U. and its subsidiaries (e.g., for security reasons).

PURPOSE OF THE PROCESSING

Personal data processing is always done for specific, express and legitimate purposes. Depending on the situation, the purposes of processing your personal data comprise:

• Recruitment and management of the compliance of the product or service contract you have with us, whether as a client or supplier.
• Informative notifications supplementary to the contractual relationship you have with us.
• Management of the subscriptions and requests sent through our blog, as well as your publications.
• Dealing with suggestions and claims sent to us.
• Dealing with and managing candidates is response to our job offers.
• Managing the inclusion of users who have registered on our website as they wish to access the contents as well as any information, services or other activities, the access of which requires the user is registered, as well as for research, promotion and marketing of the services and products of PARKIA INICIATIVAS, S.L.U. and its subsidiaries.
• Carry out internal analyses, promotions and marketing. In both the engagement of our services through a form and any IT registration provided by PARKIA INICIATIVAS S.L.U. and its subsidiaries, the user has authorised the use of their information for the purposes of internal statistics, such as calculating the size of our real or potential clientele, measuring circulation guidelines, understanding clients’ purchase interests, as well as other trends of visitors and clients. Similarly, the user authorises the use of their personal information for the marketing and/or management, promotion, advertising and marketing of products or services of PARKIA INICIATIVAS S.L.U. and its subsidiaries in relation to the car parking, leisure and tourism sector, which it may also confidentially outsource to third parties.

Your personal data shall be kept for the necessary time it takes to comply with the purpose for which they were gathered and, afterwards, for the time legally required to deal with possible liabilities and obligations. The data shall be duly blocked and cannot be processed for any purpose other than that set out in the previous section and then they shall be deleted.

Every time you pay us a visit online, we collect general information on your use of our Website. We may collect information such as the Internet entry and exit points to our Website, (for example, URL or reference domains); statistics on website traffic; page visits; printing and type of operating system and browser. Additionally, when the users request pages within our website, our servers may automatically register the IP address accessing the different pages for the sole purpose of enhancing the user experience.

This general information shall not identify you and it shall not be correlated to you for external use. We may gather, compile or in any other way disclose or use any specific and all general information as long as said information does not individually identify you. When sharing this information with other companies, it is not made available to any other users, and it shall not be used to contact you, being used solely for the purposes set forth in the Terms and Conditions and Privacy Policy herein. Parkia shall request your prior informed consent before correlating any general information of a personal nature.

You may exercise your rights of access, cancellation, rectification and opposition at the following e-mail address clientes@parkia.es or at the registered offices stated above.

We may use cookies in our website. These are small files that are stored in the user’s computer, based on the authorizations established in the browser of the user’s software. The cookie itself is not designed for nor aimed at, reading personal information from your computer.

In case we use them, it shall be for the purpose of automating our Website access and database entry functions, such as registry information, adapting the Website to your individual preferences or interests or customizing marketing or promotional campaigns, allowing us to track the use of the Website in order to identify the most useful or successful areas as well as those preventing us from improving and effectively updating the Website. There is a chance you may adjust your browser for the Website yourself, to alert you of the use of cookies or to reject them. If that is the case, should you choose not to accept cookies, some areas of the website may fail to run properly or prevent you from accessing them.

Should any Users wish not to receive cookies or wish to be informed of their location they may configure their browsers accordingly. Should you need any additional information, please refer to your browser’s instructions and handbook or visit clientes@parkia.es.

Cookies may be classified in terms of their lifespan into session or persistent cookies. The first expire when the User closes the browser. The latter expire when they have fulfilled their purpose (for instance, maintaining the user identified in PARKIA’s Services) or when they are manually deleted.

The user may reserve a parking space in one of the car parks of PARKIA via our website. To do so, enter the key data (registration number, date and arrival time, number of days of stay, e-mail address and telephone number) which the system will ask you for and without which you will not be able to continue with the reservation process.

The reserved parking space rate shall be calculated on a 24-hours as of the date and/or time on/at which the vehicle enters the car park until it leaves.

The minimum charge corresponds to the minimum stay according to terms of the product/ car park and any time fractions will be charged as full days.

The parking space reservation rates and grace periods shall be established on an individual basis for each car park of PARKIA.

When making your reservation, the system will give you a locator number. This number confirms and guarantees your reservation. This number will be used for any operation and should be notified to the Car Park Office upon your arrival at the car park.

The booking must be made at least 2 days before the foreseen time of arrival at the car-park. Otherwise, the booking will not be valid and the amount of the stay will be calculated according to the parking rates established at each car park.

You may only reserve parking spaces for one vehicle. To reserve parking spaces for more vehicles, you should make a reservation for each vehicle.

The client may print a receipt of the reservation he has made which it will be sent to the email indicated by him.