Conditions of use of the MONDRAGON website
1. Conditions of Use and Acceptance
These Conditions regulate the use of the Website under the responsibility of MONDRAGON Corporación Cooperativa, S. COOP. (hereinafter, MONDRAGON), NIF No. F20350823, domiciled at Paseo José María Arizmendiarrieta 5, registered in the Register of Cooperatives under No. 162 on 08/02/1991, and registered in the Register of Cooperatives of the Basque Country under No. 2/91, folio GUI-324, record 324.
The use of the Website assigns the condition of user and expresses the full and unreserved conformity of the user to each of the general and/or particular conditions with respect to the version published at the time of the User’s access. Therefore, the User is advised to read carefully its contents.
Through the Website, MONDRAGON provides Users with access and use of various services and content made available by MONDRAGON or by third-party users of the Website and/or third-party service and content providers (hereinafter, the “Services”).
MONDRAGON reserves the right to modify unilaterally, at any time and without prior notice, the presentation and configuration of the Website and reserves the right to modify or eliminate, at any time and without prior notice, the Services and conditions required to access and/or use the Website and its Services.
2. Access and Use of the Website
2.1. Free access and use of the Website
The Services provided through the Website are free of charge for users. Nevertheless, on certain occasions, it shall require registration in the employment portal of MONDRAGON People. Registration is not allowed to minors.
2.2. Obligation to make the correct use of the Website and the Services
The User agrees to use the Website and the Services in accordance with the Law, the provisions of these Conditions, good customs, public order, and generally accepted uses, and undertakes to abstain from using the Website and the Services for illicit purposes or effects, contrary to the provisions of these Conditions, harmful to the rights and interests and the image of third parties, or that in any way may damage, disable, overburden or deteriorate the Website and Services or prevent normal use or enjoyment of the Website and its Services by Users.
2.3. Correct use of the Content by the User
The User agrees to use information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Website or the Services (hereinafter, the “Content”) in a diligent, correct and lawful manner and, in particular, undertakes to abstain from:
- Using the Content in a manner or for purposes or effects that are contrary to the law, good customs, and generally accepted uses or public order;
- Supressing, evading or manipulating the intellectual or industrial property rights of MONDRAGON or any other trademark owner, as well as the rest of the identifying data or rights of MONDRAGON or any of its holders that appear in the Content, as well as the technical provisions for protection, fingerprints or any information mechanisms that may be contained in the Content;
- Using the Content and, in particular, the information of any kind obtained through the Website or the Services to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages directed to a plurality of persons irrespective of their purpose, as well as abstaining from marketing or disclosing said information in any way;
- And in particular, performing any act that is contrary to the rules that regulate the protection of personal data, the market, consumers, and Intellectual Property.
Failure by the User to comply with any of these obligations shall be followed by the appropriate legal actions.
2.4. Identification and authentication, through a login, on the MONDRAGON People employment website
In the event of proceeding to the sign-up process, and in areas in which the Website requires user identification, the User undertakes to make diligent use and to maintain confidentiality regarding the link to their profile or any assigned passwords and usernames, as applicable, to access the Website and/or the Services.
The User shall be liable for any expenses and damages caused by the use of the Services by any third party that uses their passwords and usernames due to a non-diligent use or loss thereof by the User.
2.5. Open Forums and Social Networks
The User undertakes to make use of those Services that, by their nature, allow Users to enter Content on the Website and make it accessible to other Users, such as, among others, the services of forums and blogs, sharing of interests and products, personal pages, social networks, etc., in compliance with the law, with these Conditions, with the generally accepted morals and good customs, and with the public order.
The User undertakes not to transmit, disseminate or make available to third parties through the Open Forums and Social Networks any Content that:
- in any way, contravenes, undermine or violate fundamental rights and public liberties;
- induces, incites or promotes any actions that are criminal, slanderous, defamatory, infamous, violent or, in general, contrary to the law, morals and generally accepted good practices or public order;
- induces, incites or promotes actions, attitudes or discriminatory ideas based on sex, race, religion, beliefs, age, or condition;
is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that it may mislead its purpose or the intentions or purposes of the communicator;
- is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use made or intended to be made; violates the business secrets of third parties;
- is contrary to the right to honour, to personal and family privacy, or to the person’s own image;
- violates the regulations on the secrecy of communications;
- constitutes illicit, deceptive or disloyal advertising and, in general, constitute unfair competition;
- incorporates viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, the system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored on said computer equipment.
Nevertheless, MONDRAGON reserves the right to review, at any time and without prior notice, on its own initiative or at the request of a third party, the Content transmitted, disseminated or made available to third parties by Users through Open Forums and Networks Social, in order to prevent said transmission, dissemination or sharing to third parties if, in its opinion, the Content is contrary to the provisions of these Conditions. The user expressly consents to allow this control by MONDRAGON.
2.6. Links and Hyperlinks
The Users and, in general, the persons who intend to establish a hyperlink between their website and any of the Website pages or the Services (hereinafter, the “Hyperlink”) should meet the following conditions:
- the Hyperlink shall only allow access to the Website pages and the Services but may not reproduce them in any way;
- no deep-links or hyperlinks shall be established with the Website pages or the Services;
2.7. Liability for loss and damages
The User shall be liable for any loss (present, probable, and presumed) and damages of any nature that MONDRAGON may suffer as a result of breach of any of the obligations to which it is subject under the Conditions, and as provided in the articles herein.
MONDRAGON reserves the right to initiate the legal actions that could assist it legally.
3. Treatment of Personal Data
- To access and/or use some of the Services, Users are required to previously provide MONDRAGON with certain personal data (hereinafter, the “Personal Data”), which MONDRAGON shall automatically process and incorporate into a file, for the purposes of providing the services of the Website.
- All these circumstances shall be previously and duly informed by MONDRAGON to the Users, in the cases and in the way in which this is legally required.
- In the event that the User provides personal data of third parties, the User shall inform those third parties of the data content provided, the existence and purpose of the file containing their data, and the possibility of exercising rights, identifying MONDRAGON and obtaining the consent of said third party to communicate its data to MONDRAGON.
- MONDRAGON guarantees that it has adopted the appropriate security measures in its facilities, systems, and files. Similarly, MONDRAGON guarantees the confidentiality of the Personal Data. Nevertheless, MONDRAGON shall disclose to the relevant public authorities the Personal Data and any other information that is in its power or that is accessible through its systems, as required in accordance with the legal and regulatory provisions applicable to the case.
4. Guarantees and Responsibility
4.1. Exclusion of guarantees and responsibility for the operation of the Website and the Services
MONDRAGON does not guarantee availability and continuity regarding the operation of the Website or the information, content, software, materials, or products included therein, to the extent permitted by applicable legislation.
Therefore, any liability for damages of any kind that may arise from the lack of availability or continuity of the operation of the Website and its Services and the use that users may have attributed to this website shall be excluded.
In any case, MONDRAGON shall make its best efforts in order to maintain the continued availability of this Website.
Moreover, MONDRAGON shall not be held liable for any errors or security deficiencies that may occur due to the use, by the User, of a non-updated or unsafe version of a browser, as well as the activation of devices for storing passwords or identification codes of the User that are registered in the browser, or for damages, errors or inaccuracies that may arise from malfunction thereof.
MONDRAGON has implemented all the necessary technical and organisational security measures that guarantee the integrity, confidentiality and availability of personal data provided by the User.
Although MONDRAGON has implemented all appropriate measures to ensure security in this area, it does not control or guarantee the absence of viruses or other elements in the contents of this Website that may cause alterations in the User’s computer system (software and hardware) or in the electronic documents and files stored in the User’s computer system.
MONDRAGON disclaims any liability for damages of any kind that may be due to the presence of viruses in the content, which may cause alterations in the computer system, electronic documents, files, etc.
The User accepts that the website has been created and developed in good faith by MONDRAGON, with information from internal and external sources, and offers it in its current state to users, which may contain inaccuracies or errors. Therefore, the User hereby exonerates MONDRAGON from any responsibility in relation to the reliability, usefulness or expectations that the Website may produce when browsing through it.
4.2. Exclusion of guarantees and liability for services and content hosted outside the Website
The Website may provide users with technical link devices (such as, among others, links, banners, and buttons), directories and search tools that allow Users to access websites belonging to third parties (hereinafter, “Linked Websites”). In this case, the installation of these links, directories and search tools on the Website is for the sole purpose of providing Users with the search for and access to information available on the Internet and does not imply that there is any kind of link or association between MONDRAGON and the operators of the Linked Websites.
MONDRAGON does not previously control, approve or endorse the services, information, data, files, products and any kind of material existing in the Linked Websites. The User, therefore, shall exercise diligence in the evaluation and use of the services, information, data, files, products and any kind of material existing in the Linked Websites.
MONDRAGON fully excludes its responsibility for any loss or damage of any kind that derives or may derive from (a) operation, availability, or accessibility of the linked services; (b) the storage of information, or any material existing on the websites; (c) the provision or transmission of the services linked in the same terms and with the same scope as in item 4.2.
5. Denial of Access to the Website and Withdrawal of Credentials
MONDRAGON reserves the right to deny or withdraw access to the Website and/or the Services, at any time and without prior notice, on its own initiative or at the request of a third party, to those Users who fail to comply with these Conditions or the Particular Conditions resulting from the application.
6. Intellectual and Industrial Property
MONDRAGON authorises the User to use the intellectual and industrial property rights and business secrets relating to the Software installed on their computer equipment solely to use the Website and the Services in accordance with the provisions of these Conditions. MONDRAGON does not grant any other license or authorisation of use of any kind on its industrial and intellectual property rights, business secrets or on any other property or right related to the Website, the Services, or the Contents.
In the event that any User or a third party considers that any of the Contents have been entered on the Website in violation of their intellectual property rights, they shall submit a notification to MONDRAGON containing the following points: (a) personal information: name, address, telephone number, and email address of the claimant; (b) authentic signature or equivalent authentication, with the personal data of the owner of the intellectual property rights allegedly infringed or the person authorised to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed; (c) accurate and complete indication of the Content protected by the intellectual property rights allegedly infringed, as well as their location on the Website; (d) express and clear declaration that the introduction of the aforementioned Content was made without the consent of the owner of the intellectual property rights allegedly infringed; (e) express and clear statement, under the responsibility of the claimant, that the information provided in the notification is accurate and that the introduction of the content constitutes a violation of their intellectual property rights.
These notifications shall be sent to MONDRAGON or through the email email@example.com
7. Jurisdiction and Conflict Resolution
These Conditions are governed by the Spanish law.
MONDRAGON and the User, expressly waiving any other jurisdiction, are subject to the Courts and Tribunals of the registered office of MONDRAGON for any dispute that may arise from the provision of the services subject to these Conditions. In the event that the User is domiciled outside of Spain, MONDRAGON and the User also submit, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Bergara (Guipuzkoa).