Legal Notice – General Conditions of Use

Legal disclaimer

In accordance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, the following information is provided:

*Terms & Conditions (Travel Restrictions Data)*

The Travel Restrictions information that is made available to the public on our clients’ websites aims to help users in preparation for their upcoming trips. Said information is provided and compiled by Smartvel from public and private sources of the highest confidence. Storing, reviewing, or recording this information is prohibited without the express consent of Smartvel. Likewise, “Timatic®,” owned by IATA, is one of the sources and Smartvel has the right to use this information for their Travel Restrictions Map widget (all rights reserved and subject to its terms and conditions available at http://www.timaticweb2.com/userterms). The solution is provided for information purposes only, and whilst Smartvel uses all reasonable skill and care in the creation and supply of this information, and every effort is made to update and maintain the information provided, Smartvel gives no warranty that the information will be accurate or complete and shall have no liability for inaccuracies or incomplete information. For this reason, users are always recommended to inquire directly with the corresponding national immigration and customs and border control authorities regarding the regulations applicable to their particular case.

1. Identifying data

You are visiting the website https://www.smartvel.com/ ownership CONTENT TRIP SOLUTIONS SL, on its registered office at C/ ANTONIO MAURA 10, PISO 4, 28014 MADRID, with TIN B86591229, registered in the Mercantile Register of of Madrid in the volume number 30503, page 191, section 8, sheet M 548952, hereinafter referred to as the HOLDER.

You may contact the HOLDER by any of the following means:

Telephone: +34917558540

Contact e-mail address: hello@smartvel.com

2. Users

We hereby inform you of the terms and conditions governing access to and use of the Holder’s websites and mobile app applications, as well as the services and content associated with these sites and applications (hereinafter also the site(s) or the websites and mobile app(s)). The access or use of any interested party to a website and/or app of the Owner, implies that the interested party acquires the status of “user” and with such status, a series of rights and obligations.

It is your responsibility to access the legal conditions inserted in this website and read them carefully, as well as the privacy policies, cookies or, where appropriate, conditions of sale. We recommend:

(i) That you visit them every time you intend to access or use the services and contents of the site, and

(ii) That you print or store a copy on your system.

3. Use of the portal

This website provides access to a multitude of information, services, programmes or data (hereinafter, “the content”) on the Internet belonging to the Holder or its licensors to which the User may have access.

The User assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or content. In such registration, the User shall be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with a password for which he/she shall be responsible, undertaking to use it diligently and confidentially.

The User undertakes to make appropriate use of the content and services (for example, chat services, discussion forums or newsgroups) that the Holder offers through its portal and, by way of example but not limited to, not to use them for:

• Engage in activities that are illicit, illegal or contrary to good faith and public order.

• Disseminate racist, xenophobic, pornographic-illegal content or propaganda, apology of terrorism or that violates human rights.

• Causing damage to the physical and logical systems of the Holder, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.

• Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.

• Use the website or the information contained therein for commercial, political or advertising purposes or for any commercial use, especially in the sending of unsolicited e-mails.

4. Data protection

All matters relating to the processing of your personal data are set out in the privacy policy.

5. Contents. Intellectual and industrial property

The Holder owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to: images, photographs, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by the holder or its licensors.

All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the Holder, are expressly prohibited.

6. Exclusion of warranties and liability

The User acknowledges that the use of the website and its contents and services is carried out under his/her sole responsibility. Specifically, by way of example, the Holder assumes no liability in the following areas:

• The availability of the functioning of the website, its services and contents and its quality or interoperability.

• The purpose for which the website serves the User’s objectives.

• The infringement of current legislation by the User or third parties and, specifically, of the intellectual and industrial property rights owned by other persons or entities.

• The existence of malicious codes or any other harmful computer element that could damage the computer system of the User or third parties. It is the User’s responsibility, in any case, to have adequate tools for the detection and disinfection of these elements.

• Fraudulent access to the contents or services by unauthorised third parties, or, where appropriate, the capture, elimination, alteration, modification or manipulation of messages and communications of any kind that said third parties may carry out.

• Damage caused to computer equipment during access to the website and damage caused to Users when caused by faults or disconnections in the telecommunications networks that interrupt the service.

• Damages or losses arising from circumstances arising from unforeseen circumstances or force majeure.

In the event that there are forums, the use of such forums or other similar spaces, it must be taken into account that the messages reflect only the opinion of the User who sends them, who is solely responsible. The holder is not responsible for the content of the messages sent by the User.

7. Modification of this legal notice and duration

The Holder reserves the right to make unannounced changes it deems appropriate in its website, and may change, delete or add content and services provided through the same, as well as the way in which they are represented or located on its website.

The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.

8. Links

In the event that www.smartvel.com includes links or hyperlinks to other Internet sites, the Holder shall not exercise any type of control over said sites and contents. In no case will the Holder assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, truthfulness, validity and constitutionality of any matter or information contained in any of these hyperlinks and other sites on the Internet. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

9. Exclusion rights

The Holder reserves the right to refuse or withdraw access to the portal and/or the services offered without prior warning, at its own request or at the request of a third party, to those users who do not comply with the content of this legal notice.

10. Overviews

The Holder will pursue the breach of these conditions as well as any improper use of its website by exercising all civil and criminal actions that may correspond to it by law.

11. Applicable law and jurisdiction

The relationship between the Holder and the User shall be governed by the Spanish legislation in force. All disputes and claims arising from this legal notice shall be resolved by the Spanish consumer and user courts and tribunals.

12. Under-age children

This website is intended for users over legal age. Minors under this age are not authorised to use our services and should not, therefore, send us their personal data. We inform you that if such a circumstance arises, the Holder shall not be liable for any possible consequences that may arise from failure to comply with the notice set out in this clause.

13. Security measures – SSL

The Holder has contracted a SSL (“Secure Sockets Layer”) certificate for its website. An SSL certificate protects all personal and confidential information that can be handled on a website, regardless of the information that is being transmitted, for example, from any of the website’s contact forms to the server, or the data entered for subscribing to newsletters or accessing protected areas, etc. The website address will appear in green, activating the “https” protocol that allows secure connections from a web server to the user’s browser.

Privacy Policy

The purpose of this policy is to inform data subjects about the various processing operations carried out by this organisation through the website and which affect their personal data in accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

1. Identification and contact details of the data controller

The organization CONTENT TRIP SOLUTIONS SL, domiciled at C/ ANTONIO MAURA 10, PISO 4, 28014 MADRID with TIN B86591229, contact telephone number: +34917558540 and e-mail hello@smartvel.com.

2. Purposes of the processing of your personal data

User/navigators of the website of the data controller

We will process your personal data provided through our web forms in order to:

• To deal with requests, complaints and incidents transferred through our contact channels incorporated in the website.

• To understand the behaviour of browsers on the website in order to detect possible computer attacks on our website.

• To comply with the legal obligations that are directly applicable to us and regulate our activity.

• To protect and exercise our rights or respond to claims of any kind.

• Where appropriate, to send commercial communications relating to the goods or services that make up our activity, and/or news or bulletins related to our sector.

•Manage, administer, monitor your activity on the embedded blog/forum.

3. Legal basis of the processing

User/navigators of the website of the data controller

• In the consent you have given us to process your data for the purposes indicated. Refusal to provide your personal data will make it impossible to process your data for the aforementioned purposes.

• To comply with the legal obligations that apply to us. In this case, the data subject may not refuse the processing of personal data.

• In our legitimate interest to protect our image, business and track record by preventing attacks on our website. In this case, the data subject may not object to the processing of personal data, although he or she may exercise, where appropriate, the rights recognised in section eight of this policy.

4. Time limits or criteria for data retention

The personal data provided will be kept for the time necessary to fulfil the purposes for which they were initially collected. Once the data is no longer necessary for the processing in question, it will be kept duly blocked so that, where appropriate, it can be made available to the competent Public Administrations and Bodies, Judges and Courts or the Public Prosecutor’s Office, during the period of limitation of any actions that may arise from the relationship maintained with the client and/or the legally established retention periods.

5. Automated decisions and profiling

The website does not make automated decisions or profiling.

6. Target audience

For the duration of the processing of your personal data, the organisation may transfer your data to the following recipients:

• Judges and Courts.

• State Security Forces and Corps.

• Other competent public authorities or bodies, when the data controller is legally obliged to provide the personal data.

7. International data transfers

The organisation does not carry out any International Data Transfer.

8. Rights

Data subjects may, at any time and free of charge, exercise their rights of access, rectification and deletion, as well as request that the processing of their personal data be restricted, object to the processing, request the portability of their personal data (whenever technically possible) or withdraw the consent given, and, where appropriate, not to be subject to a decision based solely on automated processing, including profiling.

To do so, you may use the forms provided by the organisation, or write to the postal address or e-mail address indicated above. However, you may be asked for your ID card or any other similar document in order to prove your identity, provided that this cannot be done by other less intrusive means.

In the event that you feel that your rights concerning the protection of your personal data have been violated, especially when you have not obtained satisfaction in the exercise of your rights, you may file a complaint with the competent Data Protection Supervisory Authority (Spanish Data Protection Agency), through its website: www.agpd.es.

In compliance with the provisions of article 21 of Law 34/2002 on information society services and electronic commerce, if you do not wish to receive any more information about our services, you can unsubscribe by sending an e-mail to the following address hello@smartvel.com, with subject “UNSUBSCRIBE” or by clicking on the section of the email *to unsubscribe*.

9. Truthfulness of the data

The data subject guarantees that the data provided are true, accurate, complete and up to date; undertaking to inform of any change with respect to the data provided, through the channels provided for this purpose and indicated in point one of this policy. The user will be responsible for any damage or harm, both direct and indirect, that may be caused as a result of non-compliance with this obligation. In the event that the user provides data of third parties, he/she declares that he/she has the consent of the data subjects and undertakes to provide them with the information contained in this clause, exempting the organisation from any liability arising from failure to comply with this obligation.

10. Social networks

Social Networks are part of the daily life of many Internet users, and for them the Entity has created different profiles in some of them. All users who visit our website have the opportunity to join our social networks or groups. However, you should bear in mind that, unless we request your data directly (for example, through marketing actions, competitions, promotions, or any other valid form), your data will belong to the corresponding Social Network, so we recommend that you carefully read its conditions of use and privacy policies, as well as make sure to configure your preferences regarding the processing of data.

11. Modifications/update

This privacy policy may be modified/updated according to the established legal requirements or in order to adapt said policy to the instructions issued by the Spanish Data Protection Agency or changes to our website. For this reason, we advise users to periodically visit our privacy policy. If you have any doubts about this policy, please contact hello@smartvel.com via the following e-mail address: hello@smartvel.com.

Cookies Policy

For what purposes is your information used and by whom?

This Website uses third-party cookies to personalize content and advertisements, to offer social network functions and analyze traffic, to compile statistical information, to analyze your browsing habits, which allows us to personalize the content we offer and to show you advertising related to your preferences. We also share the information with our social media, advertising and web analytics partners who may use the information collected and combine it with other information you have provided to them.

Please note, these third parties may have cookies of their own.

1. Use of cookies. What are cookies?

Cookies are files that are downloaded to your computer, smartphone or tablet when you access certain websites. The use of cookies offers numerous advantages in the provision of Information Society services, since, among others: (a) facilitates user navigation on the Website; (b) facilitates user access to the different services offered by the Website; (c) prevents the user from reconfiguring predefined general characteristics each time they access the Website; (d) favours the improvement of the operation and services provided through the Website, following the corresponding analysis of the information obtained through the cookies installed; (e) allow a Website, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize the user.

Most browsers accept cookies as standard and, independently of them, allow or prevent temporary or stored cookies in the security settings.

Please note that in order to use and have a better browsing experience, it is necessary to have cookies enabled, especially those of a technical nature that are necessary to identify you as a registered user each time you access this website.

If you do not wish to receive cookies, please configure your internet browser to delete them from your computer’s hard drive, block them or warn you if they are installed

2. What types of cookies does this website use?

Following the guidelines of the Spanish Data Protection Agency, we proceed to detail the use of cookies that this website uses, in order to provide you with as much information as possible.

Third-party cookies: These are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the editor, but by another entity that processes the data obtained through the cookies.

Below is a list of the cookies we use:

Google Analytic Cookies: _ga, _gat, _gid

• Type: Analytical cookies

• Purpose: They serve to analyze the user’s browsing experience, and allow us to improve our website to adapt to their needs. Normally they remain a time in the user’s browser, until the browser’s cookies are deleted or the time defined for their deletion passes.

• More information: https://support.google.com/analytics/answer/6004245?hl=en

• Duration: _ga: 2 years; _gat: session duration; _gid: 1 day.

Hubspot Cookies: _ga, _gat, _gid

• Type: Analytical cookies

• Purpose: They are used to keep track of a visitor’s identity, the sessions they have completed and also to determine if they have restarted their browser.

• More information: https://knowledge.hubspot.com/account/hubspot-cookie-security-and-privacy

• Duración: __hstc: 6 months; hubspotutk: 6 months; __hssc: 30 minutes; __hssrc: session duration.

3. Consent

When the user accesses any page of the website, he/she will see a notice indicating that the website of CONTENT TRIP SOLUTIONS SL uses cookies, and the user can accept or reject the use of cookies through the configuration of his/her browser. By clicking accept, you agree to the use of our cookies and, where appropriate, those of third parties. The configuration/privacy panel allows you the possibility of accepting them by type.

4. How to block, revoke or delete installed cookies

You can allow, block, revoke or delete the cookies installed on your computer by configuring your browser options. You can find information on how to do this, in relation to the most common browsers in the links below:

Explorer: https://support.microsoft.com/es-es/kb/278835

Microsoft Edge: https://privacy.microsoft.com/es-es/windows-10-microsoft-edge-and-privacy

Chrome:https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=esttp://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Firefox: http://support.mozilla.org/es/kb/Borrar%20cookies

Safari: http://support.apple.com/kb/ph5042

Opera: https://help.opera.com/en/latest/web-preferences/#cookies

We inform you, however, of the possibility that the deactivation of a cookie may prevent or hinder browsing or the provision of the services offered on the website.

In order to revoke the cookies initially accepted, you must click on the button: “revoke cookies”.

5. Recipients of the information

The information obtained through the website’s cookies will be accessible to the collaborating companies detailed in the Configuration Panel, where you can also consult the purposes for which they use it and their respective privacy policies.

We also inform you that some of our suppliers and collaborating companies may make transfers to third countries. You can find out about the transfers to third countries that, where applicable, they make in their respective privacy policies, accessible through the links provided in the Configuration Panel.

6. Modifications/update

This cookie policy may be modified/updated according to the established legal requirements or in order to adapt said policy to the instructions issued by the Spanish Data Protection Agency or changes to our website.

For this reason, we advise users to periodically visit our cookies policy.

If you have any questions about this cookie policy, you can contact CONTENT TRIP SOLUTIONS SL via the following e-mail address: hello@smartvel.com

You can refer to the Privacy Policy for more information about the processing of your personal data through the use of cookies