1. GENERAL CONDITIONS OF USE FOR THIS WEBSITE

This document (and all documents referred to herein) establishes the conditions governing the use of this website (www.miserv.es). Please read these Terms and Conditions of Use closely, along with our Privacy and Cookies Policy (together, the Data Protection Policies), before using this website.

Access to this website gives you the status of "User", implying your express, unreserved acceptance of the general conditions published on www.miserv.es at the time you access the site. Reading and accepting these TERMS AND CONDITIONS OF USE (hereinafter, the Terms of Use) is a necessary condition for using the services of the website www.miserv.es (hereinafter, the "Website").

Therefore, the User must read these Terms of Use every time he/she intends to access and, where applicable, use the services provided through this website, as they may be amended. In this sense, the "User" is the person who accesses, browses, uses or participates in the services and activities, free or charged, provided through the Website.

The Terms of Use constitute General Contracting Conditions, are contractual and binding and govern the relationship of every Website user with Mediterráneo Servicios para el Hogar y Comunidades, S.L. (hereinafter, "MSHC"), a Spanish company domiciled at Avenida de la Estación 5, esc. izq., entresuelo, 03003 - Alicante, Spain, and with CIF (tax ID) No. B54979877.

1.1. Purpose and scope of application

The Terms of Use govern access, browsing and use of the Website, as well as the liabilities resulting from use of its contents, such as text, graphs, drawings, designs, codes, software, photographs, music, video, sounds, databases, images, expressions and information, and any other creation protected by Spanish law and international treaties on intellectual and industrial property.

MSHC may establish specific conditions that apply to the use and/or hiring of specific services, whereby the Terms of Use are general conditions of supplementary application.

1.2. Access conditions and use of the services

The conditions of access and use of the services are as follows:

• a. Access to the Website is, in principle, open to all and free of charge.

• b. Users are solely liable for the information supplied when they register, and warrant that the data provided to MSHC are true and up to date. They are responsible for informing MSHC of any change to their data and for keeping all the information they provide up to date so that it reflects their actual situation at all times.
• c. Minors cannot use the services contained on this Website and MSHC reserves the right to de-register and cancel the data of Users who, having been required to, fail to satisfy MSHC that they are of legal age.
• d. At all times, Users must make lawful use of the services on this Website, in accordance with these Terms of Use, the law in force, morals and public order, as well as practices generally accepted on the Internet.
• e. Users guarantee that all information provided through the sign-up forms included on the Website is lawful, real, accurate, truthful and up to date. The User is solely liable for immediately informing MSHC of any change that may affect the information supplied.
• f. Users must refrain from: introducing a virus, programs, macros or any sequence of characters to damage or alter the IT systems of this website; hindering the access of other uses by a massive consumption of resources; capture data included on this Website for advertising purposes; reproduce, copy, distribute, transform or make available to this parties the contents of this Website; carrying out actions through the services included on this Website that could damage the intellectual property, industrial secrets, contractual agreements, rights to honour, the image and personal privacy of third parties; and engaging in unfair competition and unlawful advertising.
• g. Users must refrain from sending advertising of any type or communications for selling or commercial purposes and, regardless of the reason, from making data collected on the website available to third parties. Users or third parties harmed by the receipt of unsolicited messages may report the messages by email to: info@miserv.es

If MSHC deems the User in breach of these Terms of Use, it reserves the right to suspend or revoke the User's registration and right to access or use the Website at any time free of liability or any requirement to inform the User.

MSHC may use any operational, technological, legal or other method available to ensure that these Terms of Use are respected (including, but not limited to, blocking IP addresses) and may notify the User about the blocking or cancellation of Website access, although it is not obliged to do so.

2. GENERAL CONDITIONS OF SERVICE

2.1 Description of the services provided through the Website.

The services provided through the Website are as follows:

a. Enabling service providers, businesses, stores and brands that specialise in construction, renovations, furnishings, interior design, insurance and any other service related to the home (hereinafter, "the Service Providers") to advertise their services, through MSHC, to clients interested in hiring their services (hereinafter, "the Clients".

2.2 Information to be provided relating to the provision of services

Both Clients and Service Providers must provide truthful information relevant to the nature of the works and/or services covered by the quotation. At all times the Client and the Service Provider shall be solely liable for any false or misleading information they provide and for any harm that this information causes to MSHC or third parties.

If MSHC is unable to provide contacts for Service Providers that can provide the service requested by the Client in a certain geographical area, MSHC will inform the Client if it has agreements with other similar companies that may be able to provide this service. If the Client wishes to have his/her details provided to one of these companies for the purposes set forth above, the Client must expressly indicate this desire by marking the relevant checkbox.

Under no circumstances is the Client obliged to accept a quote that has been provided by Service Providers contacted through MSHC.

The Client may inform MSHC of any irregularities it detects in relation to the Service Providers that advertise through the Website, although MSHC is not liable for the works, professionalism or financial solvency of the Service Providers advertised on the Website. If MSHC is aware that a User is breaking the law, it will immediately cancel the User's account.

2.3 Exclusion of warranties and liabilities

2.3.1 Resulting from use of the Website, the services and the contents by Users

MSHC does not guarantee that Users will use the services and contents of the Website in accordance with these Terms of Use and, where applicable, with the special conditions that result from their application, or that Users will use the website diligently and prudently. Nor does MSHC guarantee the veracity of the data that Users provide about themselves, either in their registration area or in their participation on the Website. Furthermore, MSHC has no duty or commitment to verify or monitor Users content and information.

MSHC does not guarantee the legality, reliability, utility, veracity or accuracy of the services or information included on the Website. Therefore, except where expressly described in these Terms of Use and the rest of the regulatory framework governing this Website, MSHC is not liable for damages of any kind that may be caused by use of the services and the contents by Users or by untrue, invalid or inauthentic information that Users provide about themselves to other Users and, in particular, although not limited to, data and harm of any type caused by the impersonation of a third party by a User using any type of communication through the Website.

2.3.2 Resulting from the qualifications of Service Providers and performance of the agreed works

The involvement of MSHC is limited to the provision of the services referred to in Section 2.1. Therefore, under no circumstances will MSHC intervene in the negotiations undertaken between the Client and the Service Provider or in the implementation of works agreed to by the Client and the Service Provider. As MSHC is not a party to any negotiations, it cannot be held liable either for the work performed by the Service Provider for the Client or for compliance with the Client's obligations to the Service Provider. To this end, both the Client and the Service Provider, as Users of the Website, expressly and irrevocably exempt MSHC from any dispute that may arise between them.

It is the sole responsibility of the Client to verify the suitability of the services offered by the Service Provider and that they meet the Client's needs. The Client is also responsible for checking the qualifications, training and professional competence of the Service Provider, and for monitoring the work entrusted to it, the materials and compliance, aesthetic or otherwise, with the Client's instructions and as agreed to in the quote.

2.3.3 Resulting from the operation of the Website and its services

MSHC declares that it has adopted both the organisational and technological measures that, within the realm of possibility and the state of technology, enable the Website to function properly and remain free of viruses and harmful components. However, it cannot be held liable for: (a) the continuity and availability of the contents and services available on the Website; (b) the absence of errors in these contents or the correction of any defect that may occur; (c) the absence of viruses, errors, spyware, trojans o similar malware or other harmful components on the Website; (d) the impregnability of the security measures that have been adopted; (e) damages and losses caused by any person who violates the security systems of the Website.

Therefore, to the fullest extent permitted by law, MSHC cannot be held liable in any way for any damages and losses arising from the aforementioned situations.

2.3.4 Resulting from links to other websites

Links to other websites that, where applicable, exist on the Website may take you to websites over which MSHC assumes no responsibility, as it has no control over such sites because its purpose is solely to inform Users of other sources of information. Therefore, Users access such content at their own risk and under the conditions of use that governs it.

MSHC is not liable for the user that Users may make of the contents and services included on its website. Therefore, it does not guarantee that the use that User may make of the aforementioned contents and services is covered by these Terms of Use or that Users will exercise such use diligently.

Users are advised to be aware that by using one of these hyperlinks they are leaving our Website and should read and review the general conditions and privacy policies of these other websites.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information and personal data that you provide yourself will be handled in accordance with Data Protection Policies. By using this website, you consent to the handling of such information and data and declare that all information or data that you provide us is true and in accordance with reality.

4. DURATION AND AMENDMENT

In principle, the presentation of services that MSHC provides through the Website will last indefinitely. However, MSHC is authorised to terminate or suspend the presentation of its services at any time, without prejudice to the provisions of the relevant special conditions. In any case, if possible, MSHC will endeavour to provide advance notice of the termination or suspension of any or all such services.

MSHC reserves the right to fully or partially amend these Terms of Use, publishing the changes on the Website. Likewise, it may make such amendments as it sees fit without prior notice and may change, delete or add to both the contents and services that it provides and the way in which they are presented or located. As a result, the Terms of Use published at the time that the User accesses the Website shall be those in force, so the User must regularly read them.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

MSHC owns the intellectual and industrial property rights to all elements that make up the Website, including the brand, business name and distinctive logo. The elements protected by copyright include, but are not limited to, the graphic design, source code, logos, text, illustrations, photographs, sounds and other elements contained on the Website.

Under no circumstances does access to or browsing of the Website imply a waiver, transfer, or full or partial licensing by MSHC for the User's personal use of the former's intellectual and industrial property rights.

Therefore, Users acknowledge that the reproduction, copying, distribution, marketing, transformation, reuse, public broadcasting or, in general, any other form of exploitation by any procedure of all or part of the contents of the Website without the express written consent of MSHC constitutes a breach of the latter's intellectual and/or property rights.

Any information not considered personal data that is transmitted voluntarily to the Website via the Internet (including remarks, suggestions, ideas, graphics, etc.) shall become the exclusive property of MSHC, which shall hold unlimited rights of use without such rights accruing any revenue either for MSHC or any other person.

Users own all material they publish on the Website, provided that they are the genuine owner of the material they publish. By publishing, Users guarantee that they have permission to do so and automatically grant a non-exclusive, continuous and universal licence to MSHC for use of the material. MSHC may assign or transfer the aforementioned licence to its affiliates and successors without the consent of the User. MSHC reserves the right to reveal the identity of the User to third parties that declare that the material published on the Website breaches their intellectual property, privacy or other rights.

MSHC assumes no liability regarding third party intellectual or industrial property rights infringed by a User.

Reproduction, exploitation, alteration, distribution or public communication of the Website for uses other than legitimate information about or hiring of the services offered by Users is prohibited.

In using the Website, Users acknowledge that they have no property rights to or licence over the services.

6. REPORTING

If a User or third party considers that there are facts or circumstances that reveal the illicit nature of any content on the Website or its use, he/she should contract MSHC by email at info@miserv.es or using the contact details listed on the Website and in these Terms of Use, specifying (i) the personal details of the claimant (name, address, DNI [ID number] or passport, telephone number and email address; and (ii) the alleged illicit activity carried out on the Website and his/her reason for revealing it.

7. VIRUSES, PIRACY AND OTHER DIGITAL ATTACKS

Users must not use this Website improperly by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging program or material to the site. Users must not attempt unauthorised access to this Website, to the server on which the site is hosted or to any server, computer or database related to our Website. Users agree not to attack this Website through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause may entail the commission of infractions covered by the applicable regulations. MSHC will report any breaches of these regulations to the competent authorities and cooperate with them to describe the identity of the attacker. Likewise, if you breach this clause, your authorisation to use this Website will immediately cease. MSHC shall not be liable for any damages or losses resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, IT equipment, data or materials as a result of using this Website or of downloading content from this Website or any other website to which this one directs you.

8. SEVERABILITY

If any of these Conditions or a provision of a contract are declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions shall remain in effect and unaffected by the aforementioned declaration of nullity.

9. APPLICABLE LEGISLATION AND JURISDICTION

These Terms of Use are governed by Spanish law.>

For cases where the regulations provide for the parties to submit to a jurisdiction, MSHC and the User expressly submit themselves to the courts and tribunals of the city of Alicante, expressly waiving any other jurisdiction that may apply.

PRIVACY – ADDITIONAL INFORMATION

The Privacy Policy is part of the General Conditions that govern this Website.VERSION 24-05-2018

Who is responsible for processing your data?

MEDITERRANEO SERVICIOS PARA EL HOGAR Y COMUNIDADES, S.L. - MS
Domicile: Avenida de la Estación nº5 esc izq entlo 1-8
C.P. 03003
Alicante.
Tax ID No.: B54979877
Tel: (+34) 966 448 880
Email: info@miserv.es

You can contact us using any of the means above.We reserve the right to modify or adapt this Privacy Policy at any time. We advise you to read it; if you have already registered you will be informed of the changes when you access your account or profile.

If you belong to one of the following groups, please refer to the information below:

WEBSITE OR EMAIL CONTACTS

What data do we collect through the website?

We can anonymously process your IP-address, identify the operating system or browser you are using, and also the length of your visit.

If you give us information in the contact form, you will be identifying yourself so we can contact you, if necessary.

• Replying to your questions, applications or requests.
• Managing requested services, answering or processing your request.
• Information electronically, with regard to your request.
• Commercial information or information regarding events electronically, subject to express authorisation.
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Acceptance and consent of the interested party: In cases where you must fill in a form and click the Send button to make a request, doing so will necessarily mean that you have been informed and have expressly granted your consent to the content of the clause attached to the form or acceptance of the privacy policy.

All our forms display the * symbol for mandatory data. If you do not fill in these fields or tick the checkbox to accept the privacy policy, the information will not be sent. It is usually worded: “I am over 14 years of age and I have read and accept the Privacy Policy.”

NEWLETTER CONTACTS

What data do we collect through the newsletter?

You can subscribe to the newsletter on the website by sending us your email address, to which the newsletter will be sent.
We will only store your email address in our database, and will send you emails periodically, either until you unsubscribe or we stop sending emails.
You will always be given the option to unsubscribe in every message.

• Processing the requested service.
• Information electronically, with regard to your request.
• Commercial information or information regarding events electronically, subject to express authorisation.
• Performing analysis and improvements of email communications, to improve our business strategy.

Acceptance and consent of the interested party: In cases where you subscribe, you must tick a checkbox and click the Send button. This will necessarily mean that you have been informed and have expressly granted your consent to receiving the newsletter.

If you do not tick the checkbox to accept the privacy policy, the information will not be sent.
It is usually worded: “□ I am over 14 years of age and I have read and accept the Privacy Policy.”

CUSTOMERS

What data do we use from our customers?

• Preparing proposals and monitoring them through correspondence between both parties.
• Information electronically, with regard to your request.
• Commercial information or information regarding events electronically, subject to express authorisation.
• Managing the administrative, communications and logistics services provided by the Controller.
• Billing and declaring the appropriate taxes.
• Carrying out the corresponding transactions.
• Managing payments and debt recovery.

QUALITY SURVEYS

What data do we use from the surveys?

• Assessing the quality level of the service provided.
• Improving the services offered, complying with ISO.
• The legal grounds are the express consent of the survey respondent.

PROVIDERS

What data do we use as a provider?

• Information electronically, with regard to your request.
• Commercial information or information regarding events electronically, subject to express authorisation.
• Managing the administrative, communications and logistics services provided by the Controller.
• Billing
• Carrying out the corresponding transactions.
• Billing and declaring the appropriate taxes.
• Managing payments and debt recovery.

The legal grounds are established with the acceptance of a contractual relationship, failing which your consent is granted when contacting us or offering your products by any means.

SOCIAL NETWORK CONTACTS

What data do we use from social networks?

• Replying to your questions, applications or requests.
• Managing requested services, answering or processing your request.
• Connecting with you and creating a community of followers.

The acceptance of a contractual relationship in the environment of the corresponding social network, and in accordance with its privacy policies:

Facebook http://www.facebook.com/policy.php?ref=pf

Instagram https://help.instagram.com/155833707900388

Twitter http://twitter.com/privacy

LinkedIn http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv

Pinterest https://about.pinterest.com/es/privacy-policy

Google* http://www.google.com/intl/es/policies/privacy/

*(Google+ and Youtube)

How long will we keep personal data?

We can only consult or delete your data in a restricted way through a particular profile. We will process this data as long as you follow us, are our friend or press “like”, “follow” or similar buttons.

You must amend your data or restrict information or publications in your user or profile settings on the social network itself.

You must amend your data or restrict information or publications in your user or profile settings on the social network itself.

JOB-SEEKERS

What data do we use from your CV?

• Organising recruitment processes to hire employees.
• Scheduling job interviews and evaluating your application.
• If you have given us your consent, we can pass your CV on to collaborating or related companies, with the sole purpose of helping you find a job.
• If you tick the checkbox to accept the privacy policy, you give us your consent to share your job application to other companies in the group, with the aim of including you in their recruitment processes.

Similarly, we advise you that one year after receiving your CV, we will destroy it securely.

The legal grounds are your unequivocal consent, granted by sending us your CV.

Do we include personal data from third parties?

No, as a general rule we only process data provided by owners. If you provide us with third party data, you must inform these people first and request their consent, or otherwise you will exempt us from any liability due to the breach of this requirement.

And data belonging to minors?

We do not process data for children under 14 years of age. Therefore, please refrain from providing this data if you are not old enough or, where applicable, refrain from providing the data of third parties under the aforementioned age. MEDITERRANEO SERVICIOS PARA EL HOGAR Y COMUNIDADES, S.L. - MS is exempt from any liability for the breach of this requirement.

Will we contact you by email?

• Only to manage your request, and if you have given it to us as a means of contact.
• We will only send you advertising material, if you have previously and expressly given your authorisation to receive it.

What are our security measures?

You can rest assured. We have adopted an optimal level of personal data protection for the data we handle, and we have installed all the mechanisms and technical measures at our disposal and in line with technology to prevent the loss, misuse, alteration, unauthorised access and theft of Personal Data.

With whom will your data be shared?

Your data will not be passed on to third parties, except when legally obliged to do so. Specifically, the National Tax Administration Agency, banks and financial entities will be notified to collect for the service provided or product purchased, as well as those responsible for the processing of data required to execute the agreement.

In instances where purchases or payments are made, through any application, website, platform, bank card or any other online service, your data will be transferred to that platform or processed in its environment, always ensuring maximum security.

When requested, the web development and maintenance company or the hosting company will have access to our website. They will have signed a service provision contract requiring them to maintain the same level of privacy as we do.

Any international transfer of data when using American applications, will adhere to the Privacy Shield framework, which guarantees that American software companies comply with European data protection requirements with regard to privacy.

What rights do you have?

• To know whether or not we are processing your data.
• To access your personal data.
• To request your data be amended if it is inaccurate.
• To request your data be deleted if it is no longer required for the purposes for which it was collected or if you withdraw the consent granted.
• To request that the processing of your data be limited, in some instances, in which case we will only retain your data in line with current regulations.
• Portability of your data, which will be provided to you in a structured format, for common use or mechanical reading. If you prefer, we can send your data to a new controller of your choice. This is only valid in certain circumstances.
• To file a claim with the Spanish Data Protection Agency or competent monitoring authority, if you believe that we have not processed your data properly.
• To withdraw consent, at any time, for any processing to which you had previously given consent.

If you modify any piece of data, we would be grateful if you could please inform us so we can keep it updated.

Would you like a form to exercise your rights?

• We can provide forms for you to exercise your rights. You can request them by email or if you prefer, you can use those drawn up by the Spanish Data Protection Agency or third parties.
• These forms must be signed electronically or accompanied by a photocopy of your National ID Document [DNI].
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• The forms can be submitted in person, sent by post or emailed to the address of the controller at the beginning of this text.

How long does it take to respond to your Exercise of Rights?

It depends on the right you are exercising, but a maximum of one month from your request, and two months if the matter is particularly complicated, whereupon we will notify you that we need more time.

Do we process cookies?

If we use other types of cookies that are not necessary, you can view the Cookies Policy using the corresponding link at the home menu of our website.

How long will we keep your personal data?

• Personal data will be retained while you are still connected with us.
• Once you leave, the personal data processed for each purpose will be retained for the legally required timeframes, including the period in which a judge or court may require them, taking into account the limitation period for legal actions.
• If there is a legal obligation to retain it, processed data will be retained until the expiry of the aforementioned legal timeframes; or, where this legal timeframe does not exist, until the interested party requests that they are deleted or withdraws the consent granted.
• We will retain all the information and correspondence relating to your purchase or the provision of our service, for as long as the guarantees of the products or services are valid, to handle possible claims.