This page represents a legally binding document that serves as our terms and conditions and it governs the legal terms for the use of Whole Genix (WG) websites, including the website www.wholegenix.com, sub-domains, and any associated web-based and mobile applications (collectively "Website"),as owned and operated by Whole Genix S.L.
Whole Genix S.L. (Whole Genix, WG) is a legally established company in Barcelona, (Av. Diagonal, 640, 6th floor, 08017 Barcelona, Spain) with VAT ID ESB66343344.
Please read our privacy policy, which is included in this agreement. By using our Website,the Use agrees to fully comply with and be bound by our Terms and Conditions. The last update of this document was posted on Barcelona, 7th May 2016.
Guarantee Disclaimer
This website is provided on an "AS-IS" basis, without guarantees of any kind, either expressed or implied, including but not limited to guarantees that the information is free of defects, merchantable, fit for a particular purpose or non-infringing.
Please bear in mind that the information provided by this service may come from third party databases and/or from mathematical approaches and must be validated by experimental procedures in thelaboratory. Any and all risk associated with the use of the information provided herein is the full responsability of the user. Whole Genix is not in any way responsible for any physical injuryor financial loss caused by the use of the information extracted from this website.
Mutual Confidentiality
Both parties (Whole Genix and the User) agree not to disclose confidential information of Whole Genix, the User, or anyone with a business or employment relationship with Whole Genix or the User to any third party. Both parties further agree that they will not use, remove, transfer, transmit, reproduce or otherwise handle confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services described herein.
Responsibility for Uploaded Data
The User guarantees the ownership and/or the right to use the information that he or she uploads to the system. Whole Genix is free of any and all responsibility regarding the origin of this information.
Support Time and Response
User support will processed by means of the email address info@wholegenix.com Whole Genix does nothave a predefined response time, but enquiries will be processed from Monday to Friday from 9 am to 6 pm (European central time).
Third Party Software and Databases
This Website may include software and information from third-party providers.
Mutual Indemnification
Both parties (Whole Genix and the User) shall indemnify and hold harmless the other party (Whole Genix or the User) and their clients, owners, officers, directors, agents, and employees from and against all claims, liabilities or costs (including attorney's fees and court costs) brought by any other party, including private parties or governmental entities.
Cookies Policy
This Website uses Cookies to ensure that the User has a positive experience. By accepting these terms and conditions, the User agrees to the use of Cookies on this Website.
Data Protection
In accordance with that established under the Personal Data Protection Act 15/1999, Whole Genix informs its Website users that personal details collected by the company through forms located on its web pages will be entered into an automated database, for which Whole Genix S.L will be liablefor the purposes of facilitating, expediting and complying with the commitments established between the two parties.
Whole Genix S.L also informs Users of their ability to exercise their rights of access, cancellation, rectification and disagreement by writing to the address: Whole Genix S.L, Av. Diagonal 640 6th floor, 08017 Barcelona (Spain).
Failure to exercise these rights will be understood to mean that the User's details are not to be modified, that the User commits to notifying Whole Genix of any variation thereof, and that Whole Genix has the User's consent to use said details for the purpose of ensuring loyalty between the two parties.
Applicable Law
Consent to these terms and conditions shall be governed by Catalan and Spanish law, regardless of where Mind the Byte performs its work or provides its services, either directly or indirectly.
1. APPLICABLE LEGISLATION
Article 22.2 of Act 34/2002 of 11 July on Information Society Services and Electronic Commerce[Ley34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico, LSSI-CE] (hereinafter referred to as the LSSI-CE) stipulates that:
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Services providers may use storage and data recovery devices on any users' terminal equipmentprovided that users have given their consent after having been provided with clear and comprehensive information regarding its usage and, in particular, data processing, pursuant to the provisions laid down in Spanish Organic Law 15/1999 13 December on Personal Data Protection. In circumstances where it is technically possible and effective to do so, users shall be ableto provide their consent to data processing by means of the correct browser parameters or applications, provided that users are able to configure the settings upon installation or updatewith a specific action to that effect.The foregoing shall not prevent potential technical storage or access for the sole purpose of transmitting communication via an electroniccommunications network or where such storage or access is strictly for the provision of an information society service that has been expressly requested by the user.
According to the "Guide on the use of cookies" published by the Spanish Data Protection Authority (hereinafter referred to as the AEPD) in 2013, the LSSI-CE applies to any file or device that is downloaded on to the user's terminal equipment with the purpose of storing information that can be updated and recovered by the organisation responsible for its installation. A cookie is an example of these commonly used files and, as such, we will refer to these files as cookies hereinafter.
Cookies used for any of the following purposes are exempt from the provisions laid down in Article 22.2 of the LSSI-CE:
2. TYPES AND PURPOSES OF COOKIES
A cookie is a file that is downloaded on to your computer when accessing certain websites. Cookies enable the website to, among other things, store and recover information about a user's browsing habits or equipment, and can be used to recognise the user, depending on the information contained and how these cookies use your computer.
According to the "Guide on the use of cookies" published by the AEPD, depending on the purposes for which the information is obtained using cookies, we can classify the different types of cookies as follows:
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Technical cookies: These allow the user to browse through a website, platform or application, and benefit from different options or services resulting from these, such as controlling the traffic and communication of information, identifying the session, accessing restricted areas, remembering all items in a request, carrying out a purchasing process request, carrying out an event registration or participation request, enabling security features when browsing, storing content for video or audio distribution or sharing content on social networks.
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Customisation cookies: These allow the user to access the service with some general pre-defined features in accordance with some terminal criteria such as language, type of browser used to access the service, regional configuration with information about where the service is accessed from, etc.
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Analytical cookies: These allow the party responsible to track and analyse the user's behaviour on the websites linked to them. The information gathered by these cookies is used to measure activity on websites, applications or platforms and to create user browsing profiles on those websites, applications and platforms, with the aim of improving the analysis of data used by users.
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Advertising cookies: These allow, in the most effective way possible, the management of all advertising sections that the editor may have included on a website, application or platform used to provide the requested service in accordance with criteria such as edited content or frequency of the adverts displayed.
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Behavioural advertising cookies: These allow, in the most effective way possible, the management of all advertising sections that the editor may have included on a website, application or platform used to provide the requested service. These cookies store information about the user's behaviour obtained by analysing browsing habits in order to tailor a specific profile to show relevant adverts.
3. INFORMATION PRINCIPLE
Pursuant to the provisions laid down in Article 5 of Spanish Organic Law 15/1999 of 13 December on Personal Data Protection (hereinafter referred to as the LOPD), we hereby inform you expressly, accurately and unequivocally that all data obtained by any cookies installed on your computer will be used for the following purposes: Help improve the quality of our website,allowing us to monitorwhich pages our users find useful or not useful. Cookies are essential to the functioning of the Internet, providing many advantages in terms of providing interactive services and facilitating navigation and usability of our website. Note that cookies cannot damage your computer. In fact, activated cookies help us identify and resolve errors.
The recipients of any information obtained by cookies installed on your computer are:
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The editor responsible for the website and data processing: WHOLE GENIX S.L.
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If relevant, organisations directly related to the editor responsible for the website, which are expressly listed below: WHOLE GENIX S.L
4. CONSENT
Consent for installation of cookies is given by ticking the corresponding box in order to accept the "Cookie Policy" as shown on our website.
If users do not explicitly confirm that they consent to the installation of cookies but continue to browse our website, we will assume that they have agreed and we will accordingly inform them about the possibility of blocking or deleting any previously installed cookies by adjusting their browser settings.
5. OPTIONAL NATURE OF COOKIE INSTALLATION
Whilst the installation of cookies on your computer is optional, not enabling them could considerably limit or prevent the functionality of the website, which would make it impossible to receive any services from our organisation through the website.
6. DISABLING COOKIES
User can modify, block or disable the cookie settings at any time. For further information, please check the settings for the relevant browser.
CHROME: https://support.google.com/chrome/answer/95647?hl=en
EXPLORER:http://windows.microsoft.com/en-gb/windows-vista/Block-or-allow-cookies
FIREFOX: http://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
SAFARI: http://www.apple.com/uk/privacy/use-of-cookies/
See also the Google AdWords third party cookies policy:
http://www.google.es/intl/en/policies/technologies/cookies/
WHOLE GENIX S.L will not be held liable for the content and authenticity of cookies policies from third parties.
7. DATA SECURITY
WHOLE GENIX is committed to complying with its obligation of confidentiality regarding personal data and its duty to protect such information, and will therefore put any necessary technical and organisational measures in place in order to guarantee the protection of any personal data and prevent any modification, loss, handling or unauthorised access, in view of the state of technology, the nature of the data stored and the risks that the data might be exposed to, whether this is caused by human action or natural or physical influences, as detailed in the Title VIII of Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing Organic Law 15/1999 of 13 December on Personal Data Protection.
8. EXERCISE OF RIGHTS
Pursuant to the provisions laid down in the LOPD and Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing the aforementioned Organic Law, users may exercise their rights of access, correction, cancellation and objection, at any time by notifying the company responsible for the file or for processing the data, enclosing a photocopy of their ID..
9. COMPANY RESPONSIBLE FOR THE FILE OR DATA PROCESSING
The company responsible for the file is Whole Genix located in Diagonal 640, 6th floor 08017 Barcelona, Spain.