Privacy Policy - Shakers

In compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, and in particular, Article 10 thereof, the following Legal Notice is made available to the user.

Its observance and compliance will be enforceable with respect to any person accessing, browsing or using the website https://www.shakersworks.com of SHAKERS GLOBAL SOLUTIONS S.L. (hereinafter, the "Website"). If you do not agree with the above conditions, do not access, browse or use the same.

1.IDENTIFICATION

Owner: SHAKERS GLOBAL SOLUTIONS S.L. (hereinafter, "SHAKERS")
Registered office: Calle Velázquez, 135, 28006 Madrid.
Registration data: Madrid Mercantile Registry, Volume 38315, Folio 110, Section 8, Page
M-681728
TAX ID: B-88235130
E-mail: go@shakersworks.com

2. OBJECT

This Legal Notice establishes the rules of access, navigation and use of the Website. However, access to certain content and the use of certain services may be subject to certain special conditions, which will be clearly displayed and must be expressly accepted by users (hereinafter, "User" or "Users"). These particular conditions may replace, complete or, as the case may be, modify those established in this Legal Notice.

3. WEB SITE

Through the Website the User may carry out the following actions:
1. Register as a user of SHAKERS;
2. Know the specifications of the services offered;
3. Contract the services offered;
4. Access the SHAKERS community;
5. Obtain information about social networks;
6. View content offered on the Website;
7. Contact SHAKERS through the contact form;
8. Access the various third-party offers located on the Website;
9. Access the legal texts that regulate the navigation of the Website.

4. ACCESS AND REGISTRATION

Access to the contents of the Web Site is completely free. When a User provides personal data through any of the forms provided for this purpose on the Website, it will be necessary to previously accept the Privacy Policy.

In any case, access and navigation on the Website by minors under eighteen (18) years of age is prohibited. It is presumed that access by a minor to the Website has been made with the express prior authorization of their parents, guardians or legal representatives. Under no circumstances SHAKERS be responsible for the accuracy of the data provided by users, so that each of these shall be solely responsible for any possible
consequences, errors and failures that may arise from the lack of accuracy of the data provided.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1 Content rights

SHAKERS owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property necessary to operate the Website, as well as all content offered on it, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.

5.2 Rights on the Website

In any case it shall be understood that access, navigation and use of the Website by the User implies a waiver, transfer, license or total or partial transfer of such rights by SHAKERS. The User has a right to use the contents and / or services of the Website within a strictly domestic and solely for the purpose of enjoying the benefits of the service in accordance with this Legal Notice.

References to trademarks or trade names, or other distinctive signs, whether owned by SHAKERS or third parties, imply a prohibition on their use without the consent of SHAKERS or their rightful owners. At no time access, navigation or use of the Website and / or its contents gives the user any right to distinctive signs included therein, unless otherwise provided in this Legal Notice.

All intellectual and industrial property rights on the contents and / or services of the Website and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included on the Website, for any purpose, without the prior express written permission of SHAKERS or, where appropriate, SHAKERS of the corresponding rights.

It is also forbidden to remove or manipulate the copyright or other credits that identify the rights holders of the content that the user finds on the Website, as well as technical protection devices, fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

The services offered, or any information made available through the Website may not be used for commercial or advertising purposes without prior authorization from SHAKERS.

In any case, the User agrees not to use the Website for illegal or prohibited purposes.

5.3 Rights over the contents and information disseminated by the User

In the event that the User sends information or content of any kind to SHAKERS through any of the channels provided for that purpose, the User represents, warrants and agrees that he has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges assuming responsibility, leaving harmless SHAKERS, for any communication or content you send personally or on your behalf.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to law or that may involve an infringement of intellectual property rights, industrial, or any other kind, you must immediately notify SHAKERS through the email address go@shakersworks.com sothat it can proceed to the adoption of appropriate measures.

Similarly, in the event that any user or third party consider that any of the contents of the Website, owned by SHAKERS, violates their intellectual property rights, industrial, or any other kind, you must send a communication to go@shakersworks.com with the following information:

- Identification data and means of contact of the claimant or his legal representative;
- Documentation that accredits its condition of holder of the allegedly infringed rights;
- Detailed account of the rights allegedly infringed by SHAKERS, as well as its exact location within the Website;
- Express statement by the claimant that the use of the content has been made without the consent of the owner of the rights allegedly infringed.

6. LINKS

6.1 Links to other websites

In the event that the Web Site will be displayed links to other websites through various buttons, links, banners or embedded content, SHAKERS reports that these are managed by third parties, not having SHAKERS or human or technical means to know in advance and / or control and / or approve all information, content or services provided by other platforms to which links can be established from the Web Site.

Consequently, SHAKERS can not assume any responsibility for any aspect of the Website or web page to which a link may be established from the Website, specifically, but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, their own links and / or any of its contents in general.

In this sense, if Users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and / or public order, should immediately notify SHAKERS for the purpose of proceeding to disable the link to access them, action to be carried out in the shortest possible time.

In any case, the establishment of any link from the Website to another website does not imply that there is any relationship, collaboration or dependence between SHAKERS and the responsible for such external website.

6.2 Links to SHAKERS channel on other platforms and social networks

SHAKERS makes available to Users, through various tools and applications, means of linking that allow Users to access the channels and pages of the Website that maintains on different platforms and social networks owned and / or managed by third parties (eg Facebook, etc.). The inclusion of these links on the Website has the sole purpose of providing Users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between SHAKERS and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by SHAKERS of its contents and / or services, being the owner, manufacturer or distributor solely responsible for them.

The activation and use of these applications may involve the identification and authentication of the user (login / password) on the relevant platforms, completely external to the Website and outside the control of SHAKERS. By accessing these external networks, the user enters an environment not controlled by SHAKERS, so SHAKERS assumes no responsibility for the security settings of such environments.

Since SHAKERS may have limited control over the content hosted on such channels, you acknowledge and agree that SHAKERS assumes no responsibility for the content or services that you can access on these pages, or for any content, products, services, advertising, or any other material available on them.

6.3 Links on other websites to the Website

SHAKERS not authorize the establishment of a link to the Website from those pages that contain materials, information or content unlawful, illegal, degrading, obscene and, in general, that contravene the laws, morality or public order, or generally accepted social norms.

In any case, Users may establish links to the Site, provided that they comply with the following conditions:

1. The link may not reproduce the content of the Website or parts of it in any way;

2. It is not allowed to create a browser or a border environment on the sections of the Website, nor in any other way may the Website be modified;

3. You may not make false or inaccurate or incorrect statements or indications about the Website and / or, in particular, state or imply that SHAKERS has authorized the link or has supervised or assumed in any way the content or services offered or made available on the website on which the link is established;

4. The website on which the link to the Website is established shall not contain information or illegal content, contrary to morality and generally accepted good customs and public order, nor contain content contrary to any third party rights, including intellectual or industrial property rights and / or the right to honor, personal or family privacy or self-image or any other right, or content contrary to the rules governing the protection of personal data.

SHAKERS has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. SHAKERS assumes no responsibility for any aspect of the website that establishes such a link to the Website, in particular, but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, their own links and / or any of its contents in general.

7. RULES FOR USE OF THE WEB SITE

It is not permitted, and therefore the consequences will be the sole responsibility of the User, to access or use the Website for illegal or unauthorized purposes, whether for profit or not. In particular, and without the following list being restrictive in nature, it is forbidden:

1.Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;

Use the Web Site for the transmission, installation or publication of any virus, malicious code or other harmful programs or files or with illicit intent;

Use the Website to transmit for advertising or promotional purposes, including spam, chain letters or the like, without the express prior written permission of SHAKERS;

Use the Web Site to collect personal data from other Users;

Use the Website in an illegal way, against good faith, morals and public order;

Register through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the User's identity;

Unauthorized access to any section of the Website, other systems or networks connected to the Website, SHAKERS servers, or services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;

Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or SHAKERS systems or networks, as well as systems and networks connected to the Website;

Unauthorized access to any section of the Website, other systems or networks connected to them, any SHAKERS server or services offered through the Website by hacking or forgery, password mining or any other means illegitimate or established in this Legal Notice;

Use the Website to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or that may annoy, harm or merely affect any person in SHAKERS' discretion;

Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its features, either by altering or attempting to alter, illegally or otherwise, access, participation or operation thereof, or falsifying the result thereof and / or using fraudulent methods of participation, by any means, and / or through any practice that violates or infringes this legal notice.

Failure to comply with any of the above obligations by the User may lead to the adoption by SHAKERS of appropriate measures covered by law and in the exercise of their rights or obligations, and may reach the removal or blocking of the account of the offending user, without the possibility of any compensation for damages caused.

8. LIABILITIES AND WARRANTIES

Accordingly, SHAKERS does not warrant and shall not be liable for:

1.The continuity of the contents, services and/or functionalities of the Website;
The absence of viruses or other harmful components on the Website or the server that provides it;
3.The invulnerability of the Web Site or the impossibility of violating the security measures adopted for the same;
4.The lack of usefulness or performance of the contents of the Web Site, and;
Failures of the Website caused by any kind of attack on its servers or those of third party service providers SHAKERS, as well as technical or system security failures of any of these providers that prevent the proper functioning of the Website;
Any technical failure of any kind, which hinders, delays or prevents the proper functioning of the Website;
7. Damage or harm caused to himself or a third party, any person who violates the conditions, rules and instructions that SHAKERS establishes, or through the violation of security systems.

However, SHAKERS declares that it has taken all necessary measures, within its means and the state of the art, to ensure the operation of the Website and minimize system errors, both from a technical point of view and the content published on the Website.

SHAKERS is not responsible for the accuracy, completeness or timeliness of the information contained in other platforms that are linked from the Website. SHAKERS assumes no liability for hypothetical damages that may arise from the use of such information.

SHAKERS not be liable for causes beyond its control, among which may be listed in a non-limiting way: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of SHAKERS, actions or omissions of third parties, etc.. In all these cases, beyond the control and due diligence by SHAKERS, there will be no compensation to the User SHAKERS for damages, to the extent permitted by law.

9. SUSPENSION OF THE WEBSITE

SHAKERS reserves the right to suspend, modify, restrict or terminate, either temporarily or permanently, access, browsing, use, hosting and / or downloading of content and / or use of Web Site services, with or without notice to users who violate any of the provisions detailed in this legal notice, without the possibility of the user to claim any compensation for this cause.

10. DATA PROTECTION

In accordance with the provisions of Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, all personal data collected during the use of the Website will be treated in accordance with the provisions of the Privacy Policy, which all Users must expressly accept in case of providing personal data through the Website.

11. GENERAL

The headings of the various clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of this Legal Notice. Also, SHAKERS may modify the conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which this legal notice appears or through any type of communication to users.

The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is modified in whole or in part, at which time it will take effect the amended legal notice.

SHAKERS may terminate, suspend or discontinue at any time without notice, access to the contents of the Website, without the possibility for the User to claim any compensation. After such termination, the prohibitions on use of the contents set out above in this Legal Notice shall remain in force.

In the event that any provision of this legal notice is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of this legal notice.

The failure of SHAKERS to exercise or enforce any right or condition contained in this legal notice shall not constitute a waiver thereof, unless acknowledged and agreed in writing by SHAKERS.

12. APPLICABLE LAW AND COMPETENT JURISDICTION

Access to and use of the Website shall be governed by and construed in accordance with Spanish law.

In the event of any conflict or discrepancy in the interpretation and/or application of the Legal Notice or the Terms of Use, the competent Courts shall be those provided for in the applicable legal regulations.

Online consumer dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.

Last update: April 19, 2023.