Legal Notice
Terms & Conditions
SAMAIPATA VENTURES, S.G.E.I.C., S.A. (hereinafter “Samaipata”) is a Spanish company with registered office in Calle Gran Vía 4, 28013, Madrid, Spain; registered in the Mercantile Register of Madrid in Volume 34.139, Section 8, Page M-614075, CNMV register number 113 and with Tax ID number A-87436812. You can contact Samaipata at any time by sending an email to hello@samaipata.vc.
By using this Website and its services, you agree to comply with and be bound by the following terms of use (the “Terms of Use”). Please read them carefully.
Terms of use
Samaipata provides access to www.samaipata.vc (hereinafter, the “Website”) subject to the Terms of Use described below.
The use of our Website attributes the condition of user (hereinafter, the “User”) and implies the total acceptance without waiver of all the policies published on the Website; including these Terms of Use or the Privacy Policy (hereinafter, the “Policies”). You undertake to use this Website in accordance with applicable law, not use it for fraudulent purposes and to refrain from behaving in any way that might damage the image, interests, and rights of Samaipata.
The Terms of Use, as well as any other Policies, may be modified by Samaipata at any time, and it is the sole responsibility of the User to verify its content. Please review the Policies regularly to ensure that you are informed of any changes that may have been made. The use of the Website implies that you agree to be legally bound by the Policies, in their current or modified versions. In case of discrepancy between previous versions of the Policies and their updated versions, the latter will prevail.
To improve the features offered on the website, Samaipata reserves the right to modify, expand or temporarily discontinue the display, configuration, technical specifications, content and services on the website, at any time, unilaterally and without prior notice.
Samaipata is in no way obliged to keep the website accessible or to provide the content stored on it. Both the hosting of the website and the provision of content may be cancelled, interrupted or suspended temporarily at any time without prior notice.
The User is not authorized and should not use the Website to (i) create an electronic or other database that includes material downloaded or obtained from any other form of the Website; (ii) transmit or proceed to the transmission to a third party of any material obtained from the Website, without complying with the applicable Policies published on the Website; (iii) obtain or attempt to obtain materials, documents or information from the Website by any method that is not available on the Website through automatic devices such as deep-links, scrapes, robots, spiders or other similar devices; (iv) access, copy or track any part of the Website, or reproduce or circumvent in any way the navigation structure of the Website or any content; (v) by any means (including, without limitation, malicious software (virus) or any other code, file or computer program) interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of any software or hardware or telecommunications by any means; or (vi) use any part of the Website to link, through any means, with an internal or secondary page of the Website located at one or several levels below the home page (deep link) or to submit Content of the Website on another web page (framing).
Intellectual and industrial property rights
The intellectual and industrial property rights to the content of the Website (hereinafter, the “Content”), including, but not limited to, their graphic design and computer codes, as well as the trade names, trademarks and distinctive signs that appear therein, are owned by or licensed to Samaipata, unless otherwise stated, and are protected by intellectual property and industrial law and any other applicable legislation.
Unless otherwise specified in the Policies or expressly authorized in writing by Samaipata, Users may not reproduce, distribute, transform or make the Content public. Samaipata reserves all intellectual and industrial property rights.
Samaipata may bring any administrative, civil or criminal proceedings in the event of infringement of these rights by the User.
Exclusion of Liability
The User agrees that the use of the website and/or the content will be at its own risk and that the website is offered to Users as is available. Insofar as permitted under applicable law, Samaipata does not guarantee nor takes responsibility for the accuracy, veracity and validity of any information or content of the Website (including, without limitation, Links and Hypertext, to external and independent third party websites of Samaipata which, through the Website, access the user to benefits and services offered by third parties).
Samaipata neither guarantees nor assumes responsibility for damages of any kind arising from the following circumstances:
- Interruptions, malfunctions, suspensions or lack of continuity of the Website and/or the removal of its total or partial content.
- Lack of usefulness, appropriateness or validity of the services and content offered on the Website in relation to the User's results and expectations.
- The use of or inability to use the information, content, matters and software of the Website or the decisions taken based on any of the above (including, without limitation, for any negligence, loss of business, loss of use, loss of profits or loss of data, or for indirect, secondary, special or consequential damages).
- The existence of any virus or malicious content or software in the User’s hardware, software and/or data.
- Knowledge by unauthorised third parties of the type, conditions, characteristics and circumstances of the User's access to and use of the Website and the information and services.
Access to and use of the Website is under the User's exclusive responsibility. Samaipata is not responsible for the breach of any applicable rule that may be incurred by the User in his access to the Website and/or in the use of its information.
Applicable legislation & jurisdiction
These Terms of Use shall be governed under Spanish law, to which Samaipata and the User expressly submit. All conflicts deriving from or relating to the Website, its content, its use or the interpretation or application of these Terms of Use, will be resolved by the competent courts and tribunals of the city of Madrid, with express waiver by Samaipata and the User of any other venue.
In the event that any of the terms of this document be declared null, they will be removed or replaced. Should this occur, the validity of the rest of the terms included in this document will not be affected.
Key Information Document
Documento de datos fundamentales (Version 3.0 - October 2021)
Introduction
SAMAIPATA VENTURES, S.G.E.I.C., S.A. (hereinafter “Samaipata”) is a Spanish company with registered office in Calle Gran Vía 4, 28013, Madrid, Spain; registered in the Mercantile Register of Madrid in Volume 34.139, Section 8, Page M-614075, CNMV register number 113 and with Tax ID number A-87436812. You can contact Samaipata at any time by sending an email to hello@samaipata.vc.
Privacy policy
The use of our website to www.samaipata.vc (hereinafter, the “Website”) and its forms requires acceptance of the processing of the user’s data in accordance with this privacy policy, including the collection of access data and the delivery of commercial information by electronic means.
By using this Website, the User acknowledges that it has read and agrees to the processing of its personal information under the terms indicated in this privacy policy, to this privacy policy and our Legal Notice.
Data controller and contact information
- The data controller is: SAMAIPATA VENTURES SGEIC SA
- Address: Calle Gran Vía 4, 28013, Madrid, Spain
- Tax ID number: A-87436812
- CNMV register number: 113
- Contact telephone: +34 665 957 373;
- Email: hello@samaipata.vc
By means of this notice, Samaipata informs users of the Website (the “User”) that, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th 2016 concerning the protection of data subjects with regard to the processing of personal data and the free movement of data (hereinafter “GDPR”) and the Spanish Data Protection and Digital Rights Act, Organic Law 3/2018 dated 5th December 2018, the personal data provided will be included in the files owned by Samaipata
Purpose of the data processing
Only personal data necessary for the proper development of the relationship between Samaipata and the User is collected, and in particular, for any of the following purposes:
- Managing access to documentation on the Website.
- Managing the procurement of services, as well as those administrative procedures pertaining to the existing commercial relationship.
- Managing the use of any of those features which will be made available to the User on this Website, including, by way of an example and therefore not limited to, subscription to newsletters and queries or requests for information.
- Customising and improving the tools and functionalities of the website, as well as to guarantee its technical operation;
- Any other purpose required or permitted by the applicable law or for which the User has given its consent.
With regard to the eventual processing of the User’s data for promotional or advertising purposes, in addition to the data collection form, data subjects would be provided with a suitable procedure that is simple and free of charge, in order to freely give their consent to said processing. This consent may be withdrawn at any time and at no cost for the User.
In addition, the User’s information may be used to comply with the different legal obligations of the Samaipata group.
The personal data the User provides to Samaipata will be processed at all times in accordance with the GDPR and the applicable regulations.
Lawful basis
The lawful basis for processing this information is:
- to provide access to the online contents of the Website;
- to fulfill the requests from the User such as sending electronic newsletters about services, events, and news related to Samaipata’s professional activity;
- to keep a record of visits for statistical purposes (IP addresses, browser type, country, page accessed, etc.);
- to apply measures aimed at the security of the Website;
- to provide services agreed with the User;
- the User’s consent,
- compliance with Samaipata’s legal obligations;
- Samaipata’s legitimate interest.
Data recipients and transfers
Recipients: SAMAIPATA VENTURES, S.G.E.I.C., S.A. and group companies.
Samaipata undertakes that all communications of the User’s personal data are considered confidential, however, the User’s data may be transferred to different entities. Among others: (i) group companies and their authorized personnel; (ii) official bodies or third parties in accordance with the applicable legislation; or (iii) external service providers, with whom the legally required contracts under which they guarantee the fulfilment of their obligations as data processors have been signed.
International transfers (outside the European Economic Area) are not planned, except for storage purposes, and in any case based on a decision of adequacy with adequate guarantees.
Data retention time
Samaipata only stores Users’ personal data to use it for the purpose it was originally collected and in accordance with the legal basis for processing it. Samaipata will retain personal data as long as there is a contractual and/or commercial relationship with the User, and as long as the User does not exercise the right to erasure, cancellation, and/or restriction with regard to the processing of such data.
Afterwards, said data will be blocked and not used as long as it may be needed to lodge or defend complaints or when any kind of legal or contractual responsibility may be derived from processing it that must be addressed and for which the data must be retrieved.
Upon the expiration of such periods, all personal data will be deleted.
Rights of data subjects
Data subjects can exercise their rights to access, rectification, erasure, objection, portability, and restriction at any time as provided for in the applicable regulations by contacting Samaipata, either by sending an email to hello@samaipata.vc or by writing to Samaipata Ventures, S.G.E.I.C., S.A. at Calle Gran Vía 4, 28013, Madrid, Spain.
Any such requests must be accompanied by a photocopy of a valid National ID card or equivalent document evidencing the data subject’s identity and must specify the right being exercised.
Data subjects may, at any time and under the terms set out in the applicable data protection regulations, withdraw the authorisation granted to process their personal information. This shall not affect the lawfulness of the processing carried out prior to the withdrawal.
If the data subject has not obtained satisfaction in the exercise of its rights, it can file a complaint with the Spanish Data Protection Agency.
Accuracy and authenticity of data, updating data
The User guarantees the authenticity of the data reported, which has to be real, exact, complete and up-to-date data. The User will not enter data about other people; Samaipata will presume that the data has been entered by the data subject him or herself. The User will be the only responsible for any harm or damage, direct or indirectly caused to another individual, derived from providing false, inexact, incomplete, or outdated data or data referring to another person.
The User must communicate any changes in the provided data in order to keep it up-to-date.
Information security
Samaipata has taken all the measures required by law to protect personal data and ensure its security and confidentiality; likewise, has adopted the technical measures available to prevent data loss, unfair use, alteration, unauthorized access or data theft and Samaipata is not responsible for the actions of third parties who, in violation of these measures, access the aforementioned data and information.
Web analytics
This Website deploys web analytics in order to gain some understanding on how the User searches for, accesses and navigates it. These analytics can entail the collection of personal data like the user IP address, connection location, browsing software and hardware features, etc. This information is not associated to the user and is exclusively used for statistical analysis.
Use of third-party functions and plug-in
This Website may deploy functions and plug-ins provided by third parties. These functions serve several purposes like:
- Third-party web analytics
- Third-party maps
- Third-party video streaming
- Sharing contents in social networks
A function or plugin provided by a third party establishes a direct connection between the user browser and internet domains owned by the third party, allowing to download and execution of the function. Most third-party plugins collect information about the websites visited by the user in order to know his or her interests and to provide targeted advertisements.
Applicable legislation & jurisdiction
All conflicts or disputes deriving from or relating to the Website, its content, or its use will be resolved under Spanish law, to which Samaipata and the User expressly submit, and by the competent courts and tribunals of the city of Madrid, with express waiver by Samaipata and the User of any other venue.
