Conditions of access

In general, these conditions (the “Conditions”) shall govern the registration of users in the Portal and the terms of access and use for the resources, tools, and/or services contained therein. Individuals or legal entities who wish to benefit from the exclusive products and services for Registered Users may access the registry of users, as this concept is defined in these Conditions.

Caixa EmprendedorXXI, SAU reserves the right to modify these Conditions at any time. Therefore, we recommend that users check its content regularly. Caixa EmprendedorXXI, SAU will publish the text of these new conditions and the date they enter into effect, with sufficient advanced notice, in the understanding that this publication will serve the purpose of notifications. Except expressly stated otherwise, any modifications that may be made to the Conditions will not have retroactive effect.

Registration on the Portal

If the User wishes to access those products and services for which the Portal expressly requires prior registration, the User must fill out the registration form, which may be found at this link, whether in their own name or on behalf of the legal entity that they represent.

The services, products, resources, and tools that the Portal makes available to Registered Users will be accessible in accordance with the requirements established in these Conditions, with full subjection to whatever the applicable legal regulation may have on the particular matter.

Registration Procedure

Once the aforementioned registration form is filled out and the Owner of the Portal has received the documents that they may have requested in that form, if –at the discretion of the Owner of the Portal– it meets all of the necessary requirements, the individual or legal entity whose information has been entered will be registered as a Registered User for the Portal, subject to these Conditions. If you are acting on behalf of a legal entity, you will be considered an Authorised User. The Registered User may act through multiple Authorised Users, though it will be necessary that each of them register in their own name, and it will be understood for all purposes that each of them accesses and uses the Portal in their own name, using their own codes and passwords.

You and, if applicable, the company for which you act, will be registered as a Registered User or Authorised User, and to that end, you will choose a user identification code and access password that will allow you to access and use the resources, tools, and/or services of the Portal. In any case, you may not choose an access code and/or password that is already registered, contains words or expressions that are rude, insulting, similar to trademarks, trade names, shop signs, company names, advertising expressions, or any other name or expression for which they do not have prior authorisation or is contrary to law, morals, or good customs.

In any case, the Owner of the Portal will not be liable for the absence, sudden revocation, or overreach of the powers of an Authorised User in the framework of the powers and/or authorisations that had been assigned to said Authorised User by the legal entity, as a Registered User, on whose behalf they act.

Likewise, in any case, the Owner of the Portal will not be liable for any consequences that may be derived for third parties and/or for other Registered Users from the fraudulent action of an Authorised User on behalf of and in representation of a Registered User or for the contracts and relations –whether commercial, contractual, or of any other type– that may be established on their behalf with other Users.

You and/or the company for which you act as an Authorised User, if applicable, commit to maintain the confidentiality of your access code or password, taking the necessary precautions to prevent it from being known by third parties. If you suspect or are sure that a third party may know your access code, you must change it immediately and report the facts to the Owner of the Portal. If you cannot change it, please urgently report this to the Owner of the Portal so that they may adopt the necessary measures. The Owner of the Portal will not be liable for any direct or indirect damages that may be caused to the User from the lack of communication or late notification of such circumstances. The User assumes and will respond to the Owner of the Portal for any consequences that may be derived from the access and use of the Portal by third parties that may be identified by the User’s identification code and access code or password.

The Owner of the Portal will not be liable for suspending or interrupting access for a User in use of non-operational codes for reasons beyond their control or when they wish to have access to spaces reserved for Users who have acquired a role different from the one assigned in the registration form.

The User commits to notifying the Owner of the Portal regarding any changes to the data entered in the form, in addition to correcting or updating their data when it must be rectified or updated.

Rights and Obligations of Registered Users

Intellectual and Industrial Property Rights. The intellectual and industrial property rights on the technology platform, technical instruments, computer systems, and content of the Portal (databases, information, images, designs, graphics, formats, and code in any programming language, hereinafter, the “Content”), except for the content incorporated by Users in accordance with these Conditions and the provisions in the Legal Notice accessible from the main page of this Portal, correspond to the Owner of the Portal due to its ownership or its having previously obtained the authorisations, permits, and/or licences needed from their legitimate owners. Consequently, it is prohibited to reproduce, distribute, communicate publicly, and transform said Content without express permission, except as provided for in the Legal Notice. Likewise, it is prohibited to use any kind of trade names, trademarks, or distinctive marks of any kind owned by the Owner of the Portal or duly licensed by the same from third parties without their express consent.

Registration as a User of the Portal does not grant any right other than the right to use the services, tools, and/or resources accessible from the Portal, doing so in accordance with these Conditions and with those conditions derived from particular agreements that, if applicable, the User may sign with the Owner of the Portal, it being understood that no other right is granted that is not expressly considered in the aforementioned texts.

Insertion and use of content. Users who have the appropriate means and equipment may incorporate their trade name and corporate image, or any of their distinctive marks, into the Content of the Portal, as well as any digital designs or creations on which they may have respective industrial or intellectual property rights, as well as any information they may consider appropriate in relation to their products and services. In addition, they may insert their URL (domain name) and email address for the purposes of creating a direct link from the Portal to their website. The incorporation of content entails the publication, public communication, and broadcasting of the same over the internet, with the User in question knowing and assuming all of the effects, consequences, and liabilities that may result from the same. For these purposes, the User grants the Owner of the Portal a non-exclusive licence to use, reproduce, communicate publicly, and transform said incorporated content free of charge for an indefinite or perpetual period and throughout the world. The User will incorporate warnings on reserving rights and limitations of use of their content by other Users and third parties they consider appropriate in accordance with their rights.

Users commit to incorporate content that is legal, accurate, updated, and not harmful to the rights of third parties, assuming all liability for their breach, infraction, or claims of third-party rights. In particular, Users are obligated not to use, whether in whole or in part, the name, image, or any of the distinctive marks of the Owner of the Portal, as well as the Content available on the Portal, for their own benefit or for the benefit of third parties without the prior written consent of the Owner thereof.

Users will be solely and directly liable for all information, data, text, photos, graphics, programs, music, sound, video, messages, and any other content inserted into the Portal by said Users. The Owner of the Portal cannot supervise or control in advance the Content inserted into the Portal by Users. Consequently, the Owner of the Portal does not assume any liability with respect to said Content; on the rights that he Users may hold on it; on its sufficiency, validity, scope, or extension; provide an express or implicit guarantee on the legality, timeliness, accuracy, and integrity of said Content; or the rights that the Users hold on it, as well as any other information or communication made by Users in and through the Portal. Users may only insert links to their website and for informational purposes. Users who provide links to any other web pages or websites will do so entirely at their own risk.

Use of Content. Registered Users shall put general information on their activities and attributes on the Portal and make this available to other Users. Users may view and reproduce this information, as long as they do so for their own and exclusive use or for that of the Registered Users on whose behalf they act. Under no circumstances may the User: (i) Reproduce, copy, distribute, transform, transfer to third parties, or communicate publicly the information contained on the Portal, whether in whole or in part, without the express authorisation of the Owner of the Portal and, if applicable, the Registered User owning the rights; (ii) Utilise the information contained in the Portal or on pages linked from other Users (for advertising promotion, direct sales, or other commercial purposes) to send unsolicited or non-consensual messages directed at a number of people regardless of its purpose, or prepare distribution lists for their own or third-party promotional campaigns based on said information; (iii) Delete, circumvent, or manipulate the trademarks, images, trade names, or any other distinctive marks and other identifying information on which the Owner of the Portal, Registered Users, and/or Authorised Users may have intellectual or industrial property rights or which are protected by any other rights, technical devices, or protection mechanisms; (iv) Disassemble, decompile, or reverse engineer applications, programs, or databased integrated into the Portal.

Any use outside of the use authorised by these Conditions is expressly prohibited, the Owner of the Portal being empowered to temporarily or permanently deny or interrupt access to and use of the Portal, excluding any User failing to comply with these Conditions, as well as omitting their image, name, or any other sign that represents them in the Portal. Users operating thus will be jointly and severally liable before the Owner of the Portal, before the other Users, and before third parties for any direct and indirect damages that may occur.

Confidentiality and Protection of Personal Data

Rights for data collection, processing, and storage

Users wishing to register in the Portal accept that Caixa EmprendedorXXI, SAU (hereinafter, the “Data Controller”) will incorporate their personal data into a file they own and which will be subject to processing in order to allow and maintain access to and use of the tools and resources accessible through the Portal. The User furthermore authorises the Data Controller to be able to use their data for promotional purposes within the framework of their activities. This authorisation may be revoked without retroactive effects. The Data Controller guarantees the confidentiality of Users’ data and the adoption of adequate security measures to prevent its unauthorised alteration, loss, processing, or access. To that end, the Data Controller will comply with all the terms of Organic Law 15/1999, of 13 December, on personal data protection (LOPD, for its initials in Spanish), as well as with whatever regulations may be developed in due time. The User may exercise the rights of access, rectify, cancel, or oppose the processing of their data before the Data Controller by sending an email stating such right to premio@emprendedorxxi.es, writing the words “modification/cancellation of personal data” in the subject line or by written and signed request accompanied by a photocopy of the National ID Document (DNI) of the affected party, addressed to Caixa EmprendedorXXI, SAU; Avenida Diagonal, 621, Torre II; 08028 Barcelona.

The User is also informed that the Owner of the Portal may send a file (“cookie”) that will be installed automatically on the User’s computer, which will allow the Owner of the Portal to customise the preferences for the User in order to facilitate the use of the tools and/or resources of the Portal that are of interest to the User. The User may configure their computer to reject the installation of these “cookies”.

Transfer of data

The User consents that their data may be transferred to any of the companies or entities in the Caixabank group or the “la Caixa” Banking Foundation for processing in order to provide them with information and commercial offers on their products and services, always within the legitimate functions of transferor and transferee. The activities of the transferees include those of a financial nature, in its various forms: insurer; real estate; sale and distribution of consumer goods and articles; consultation, advising, and other such services for companies and individuals; leisure and entertainment; and social benefits. The User may revoke their consent without retroactive effects.