In compliance with Article 10 of Spanish Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, the following are the identifying details for the company responsible for this website:
ALBA EMISSION FREE ENERGY, S.A
C/SAN MARTIN 5, EDIFICIO MUÑATONES
48550 MUSKIZ (VIZCAYA)
Registry entry data: Entered in the Commercial Registry of BIZKAIA in volume 6035 Book 0 folio 46 of section 8, sheet number BI-77382
The use of this website and all the services ALBA provides through the website (jointly known as the “Services”) will be subject to this document that constitutes a contract between you (You/the User) and the company responsible for this website (ALBA EMISSION FREE ENERGY, S.A.). It applies to all the services and updates you use during the term of this contract
3.1 To use the Services, you must first accept the terms and conditions contained in this Legal Notice (Terms and Conditions). You may not use the Services unless you accept these.
3.2 You may accept the Terms and Conditions simply by using the Services. You recognise and accept that ALBA will consider the use of the Services to constitute acceptance of the Terms and Conditions from the start of that use.
3.3 You may not use the Services or accept the Terms and Conditions if you do not have the legally capacity to enter into a binding contract with ALBA or are prohibited or legally excluded from receiving or using the Services, by virtue of the legislation of your country of residence or the one from which you access or use the Services
3.4 You undertake to use this website in accordance with the law, this document and any instructions communicated
You are also obliged to only use this website for legal and non-prohibited purposes, which do not violate current legislation and/or cause any harm to the rights of ALBA or any third party. For that, you will abstain from using the contents of this website for purposes that are prohibited or that in any way could damage, deteriorate or prevent the normal operation or use of this website, the computer equipment or the documents, files or any other content stored on the website which belongs to ALBA or any third party.
The use of this website will always be for private purposes, so under no circumstances may it be exploited, reproduced, distributed, modified, publicly communicated, transferred, transformed or used for commercial purposes.
3.5 We recommend that you print a copy of the terms and conditions contained in this Legal Notice or save a copy of them in your files.
4.1 ALBA may make changes to the Terms and Conditions at any time. When such changes take place, ALBA will publish a new copy of the Terms and Conditions at www.https://alba-efenergy.com.
4.2 You recognise and accept that, if the Services are used after the date on which the Terms and Conditions were changed, ALBA will consider that the use of the Services constitutes acceptance of the updated Terms and Conditions.
4.3 You should regularly check the Terms and Conditions to keep yourself informed of any possible changes.
5.1 All the content of this website including, but not in any way limited to, texts, software, scripts, graphics, photographs, sounds, music, videos and interactive functions thereof will be the property of ALBA, or will correspond to it under a licence, and will be subject to copyright, trademark rights and other intellectual property rights. All trademarks and service marks of other third parties present in the content of this website will be the trademarks and service marks of their respective owners.
5.2 The content of this website may not be downloaded, copied, reproduced, distributed, transferred, disseminated, shown, sold, granted under licence or exploited for any other purpose without the prior written consent of ALBA, who reserves all the rights that have not been expressly granted in relation to the content of this website.
ALBA does not accept any liability for any errors, omissions, interruptions, deletions, alterations, defects, delays in operation or transmission, failures in communications lines, theft or destruction, or unauthorised access to communications of any user. ALBA will not be liable for any technical problems or malfunctions on networks or telephone lines, online computer systems, servers or providers, computer equipment, software, failures with email or players due to technical problems or traffic congestion on the Internet or in any of the services on this site.
Under no circumstances will ALBA be liable for any losses or damage, including personal injury or death, arising from the misuse of this website.
You agree to indemnify ALBA and its parent, affiliates and/or subsidiaries and hold them harmless from any loss, liability, claim or demand, including reasonable fees for lawyers, presented by third parties due to your use of the services on this website in breach of this contract, or that arise from that use, and/or from the breach of this contract and/or your declarations and guarantees established therein.
8.2. You guarantee the authenticity and veracity of all the data that, where appropriate, you may communicate either when completing registration forms or at any subsequent moment, it being your responsibility to update the information provided in such a way that it reflects the reality. You will be liable for any inaccuracy or lack of veracity of the information provided.
8.3. The personal data that you provide, if any, will be processed by ALBA EMISSION FREE ENERGY, S.A. for purposes related to meeting your request for information.
In some cases, and to comply with these purposes, ALBA may need to communicate your data to its supplier companies to process your request. As a result, if at any moment you provide data to ALBA, you expressly consent to the inclusion of your personal data in the files of the company ALBA EMISSION FREE ENERGY, S.A., as well as to the processing and assignment of your personal data to its suppliers, only for the purpose of processing your request.
These external companies will under all circumstances have the same level of security for your personal data that we offer. By virtue of the agreements with these companies, they are required to retain your personal data in a secure and confidential manner, as well as to process them in accordance with the specific instructions given by ALBA. You are aware of that and also grant your unequivocal consent to your personal data being assigned to these companies.
Under no other circumstances will your data be assigned to third parties.
8.4. The data you provide will be stored for as long as is reasonable and necessary to manage your request, in such a way that your data will be retained for as long as is necessary to manage the Services.
8.5. ALBA EMISSION FREE ENERGY, S.A., with corporate address in 48550 Muskiz (Vizcaya), calle San Martín nº 5, Edificio Muñatones, as the controller for the data you provide us and in accordance with that established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection Regulation, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, undertakes to respect the confidentiality of the information that you provide to us and to guarantee that you can exercise your rights of access, rectification, erasure, cancellation and objection, writing to Aitor Arzuaga Munsuri.
We also inform you that the Spanish Data Protection Agency (Agencia Española de Protección de Datos) is the competent body in the protection of these rights.
Our company, as the controller of your data, has obligations under the General Data Protection Regulation (GDPR). We have produced this document to explain to you, as our customer, how we process your personal data.
We ensure that:
We will always keep updated summaries of:
The legal basis that allows us to process your personal data will depend on the purpose for which we are processing them. Specifically, we can process your data for the following purposes:
The retention period for your data will depend on the purpose for which they have been provided
To comply with the purposes of this website, ALBA needs to provide access to certain of its providers in order to provide the Services. Specifically, the providers to whom we may give access to your data will be the following:
We inform you that we will not transfer personal data to any third party that we believe will use them or transfer them outside the EEA, unless an adequate level of protection is provided through Privacy Shield, EU Model Clauses or equivalent mechanisms. We will pass on this requirement, and any other compliance requirements, to any subprocessors we may appoint to provide services to you.
The website is suitable for the main browsers, and since it is responsive it is adapted to any screen resolution
ALBA will not be liable for any failure or delay in complying with any of the obligations adopted as a result of these Terms and Conditions when this is caused by events outside its reasonable control (“Force Majeure”).
Force Majeure will include any act, event, lack of exercising, omission or accident that is outside the reasonable control of ALBA, including the following:
All the obligations derived from these Purchase Terms and Conditions will be suspended during the period during which the Force Majeure continues, and an extension will be available in the deadline for fulfilling them. This extension will be for a period of time equal to the duration of the Force Majeure.
12.1 The terms and conditions for this website constitute the full legal agreement between You and ALBA EMISSION FREE ENERGY, S.A. They govern your use of the Services and replace all previous agreements between you and ALBA in relation to the Services.
12.2 You accept that in the event the ALBA does not exercise its right to take any legal action included in the Terms and Conditions (or which corresponds to it through the applicable legislation), this will not constitute the formal renouncing of ALBA's rights and these rights and legal actions will remain fully in force for ALBA.
12.3 If a court with legal responsibility for this matter determines that any of the provisions of these terms and conditions are invalid, such provisions will be removed from the terms and conditions without that affecting the rest of them, with the remaining terms and conditions continuing to be fully in force in all regards.
12.4 You accept that any dispute derived from this contract will be submitted to the Courts of Vizcaya.
UPDATED IN MAY 2022