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General Terms and Conditions of Use of the Portal

 

 

1.     Introduction

 

The present general conditions of use of the Customer Web Portal regulate the terms and conditions of access, navigation and use of https://Portal.hoistfinance.es /, hereinafter "Portal"), property of HOIST FINANCE SPAIN, S.L., with address at Avenida de Manoteras 44, 1ª planta, 28050 de Madrid and with NIF. B-87547659, registered in the Mercantile Registry of Madrid in Volume 34.737, Folio 158, Page M-624.820, hereinafter, "HOIST", which the user of the Portal must read and accept in order to use the services provided therein. The mere access and/or use of the Portal, of all or part of its contents and/or services implies full acceptance of these general terms and conditions of use.

 

 

2.     Conditions of Use

 

These general terms and conditions of use of the Portal regulate the access and use of the Portal. However, access to and use of certain content and/or services may be subject to certain specific conditions, which will, in any case, be clearly displayed and must be expressly accepted by users. These specific conditions may replace, supplement or, where appropriate, modify these specific conditions of use.

 

HOIST reserves the right to modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same form in which these conditions of use appear or through any type of communication addressed to the users.

 

2.1 Use of our Customer Web Portal (Customer Area)

The purpose of this Portal is to offer our customers the best overview of their profile, as well as to give them the option to manage their payments in a simple way, either through one-time payments or through an individualized payment plan (hereinafter referred to as Users).

 

The access and use of the Portal, require the registration of the User, by filling in the forms provided for this purpose in the Portal. Registration is, unless expressly stated otherwise, free of charge.

 

The User must register by completing the form provided on the Portal, where you must include your real and truthful data, since it is essential information to properly manage the service.

 

Access to the Portal is prohibited to persons under 18 years of age and it is a prerequisite to register as a User to be a customer of HOIST.

 

The information provided is compared with the personal data and credit data provided to us and is used exclusively to verify your identity in order to authorize the creation of your account and access to the Portal.

 

Therefore, you are informed that HOIST reserves the right to request the necessary information to verify the identity of the User, as well as to delete or deactivate any account that does not comply with the established requirements or when the requested documentation is not provided within the deadlines established in such request.

 

After verification, you must set up the login. In addition to the usual registration procedure to specify a valid email address, you have the option to set up a social login through your selected social network provider.

 

 

Likewise, the registered User assumes that his/her account is personal and non-transferable.

 

Under no circumstances will HOIST be responsible for the veracity of the registration data provided by the Users, so each of them are responsible for the possible consequences, errors and failures that may subsequently arise from the lack of veracity of the data.

 

To ensure confidentiality, proper verification of the personal data used to set up the user account is required. This is done in two main steps, which are detailed in the following points:

 

The transfer of the data processed exclusively to link your social networks or email account with our Portal takes place via an encrypted connection (SSL / TLS encryption). The recognition of security-critical login data (in particular passwords) you use is technically excluded in the context of the linking process.

 

The authentication solution we use is provided and operated by:

 

Auth0 Inc, 10900 NE 8th Street, Suite 700, Bellevue, WA 98004 (United States - USA).

 

The above-mentioned service provider is obliged by standard contractual clauses (order processing) issued by the European Commission to use technical and organizational measures to ensure that the processing of personal data for the purpose of providing services

 

(authentication of Portal users) complies with European data protection law, in particular the General Data Protection Regulation (GDPR).

 

Auth0 Inc. maintains a valid US Privacy Shield certification. The current status of the certificate can be viewed via the following link:

https://www.privacyshield.gov/participant?id=a2zt000000001VJAAY&status=Act ive

 

  • Electronic payment (Self Service Portal)

 

For the use of our payment platform, a form must be completed, whose data is compared with the personal data and the data of the credits owned by HOIST. Being solely and exclusively used for the verification of the User's specific file.

 

If you choose to pay by credit card, you must include the cardholder's name as it appears on the card and the additional credit card information you provided (card number, expiration date and check digit) will only be used to authorize payment to and from your credit card provider.

 

 

3.     Modifications

 

 

The Company reserves the right to modify at any time the general terms and conditions of use of the Portal, so it is recommended that you periodically consult these terms and conditions of use of the Portal.

 

 

4.     User Obligations

 

 

 

The User must respect at all times the terms and conditions set forth in these general conditions of use of the Portal. The User expressly declares that he/she will use the Portal in a diligent manner and assumes any liability that may arise from non-compliance with the rules.

 

Likewise, the User may not use the Portal to transmit, store, disseminate, promote or distribute data or contents that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any computer or telecommunications program or equipment.

 

Specifically, you must only use our Portal for the legitimate administration of an account. You may not:

 

  • Attempting to log in under a false identity, impersonating a third party, using a profile or performing any other action that may mislead as to the User's identity;
  • Attempting to access or copy the data of another person or organization;

 

  • Use our Portal for any illegal, illicit or immoral purpose;
  • Attempting to circumvent our security measures; or
  • Create or access an account for/from another person, unless we specifically agree that you may do so.
  • Use the Portal in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the device of a third party;
  • Impede the normal development of any activity available through the Portal or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access or operation, or by using fraudulent methods, by any procedure, and/or through any practice that violates or infringes in any way these terms and conditions of use.

 

In the event of a breach of any of the above prohibitions, HOIST may terminate or deny your access to our Portal at any time. We will endeavor to provide you with our reasons for doing so, but there may be circumstances in which we are unable or unwilling to do so.

 

You are responsible for maintaining the confidentiality of any user name and password. If you believe that your password has been disclosed, you should change it immediately. If you believe that someone has illegally accessed your account, we ask that you inform us immediately.

 

 

5.     Responsibility of the Portal

 

 

The User knows and accepts that the Portal does not grant any guarantee of any nature, either express or implicit, on the data, contents, information and services that are incorporated and offered from the Portal. Except in those cases where the Law expressly imposes the contrary and exclusively to the extent and extent that it imposes it, the Portal does not guarantee or assume any responsibility with respect to possible damages caused by the use and utilization of the information, data and services of the Portal.

 

In any case, the Portal excludes any liability for damages that may be due to information and / or services provided or supplied by third parties other than the Company. All liability shall be the responsibility of the third party whether it is a supplier or collaborator.

 

Consequently, HOIST does not guarantee and shall not be liable for: (i) the continuity of the contents of the Portal; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or other harmful components in the application or in the server that supplies it; (iv) the invulnerability of the Portal and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Portal; and (vi) the damages caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that HOIST establishes in the Portal or through the violation of the security systems of said Web.

 

Nevertheless, HOIST declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Portal and to minimize system errors, both from a technical point of view and in terms of the contents published on the Website.

 

 

6.     Privacy and Cookies

 

 

In accordance with the provisions of current and applicable legislation on the protection of personal data, all personal data provided during the download, access and use of the Portal will be treated in accordance with the provisions of the Privacy Policy that every user must expressly accept in order to register and use the Web.

 

Any user who accepts the present conditions of use accepts in an informed, express and unequivocal way our Privacy Policy and Cookies Policy, being able to exercise the rights that in this matter correspond to him/her, as informed in the mentioned Policies.

 

 

7.     Intellectual and Industrial Property

 

 

 

All content, trademarks, logos, drawings, documentation, computer programs or any other element subject to protection by the legislation of intellectual or industrial property, which are accessible on the Portal correspond exclusively to HOIST or their rightful owners and all rights thereon are expressly reserved. In no case shall it be understood that the access and use of the Portal by the User implies a waiver, transfer, license or total or partial transfer of such rights by HOIST. The User has the right to use the contents and services of HOIST within a strictly domestic scope. References to registered trademarks or trade names, or other distinctive signs, whether owned by HOIST or third parties, imply a prohibition on their use without the consent of HOIST or their legitimate owners. At no time, unless expressly stated otherwise, access or use of the Portal and / or its contents, gives the user any right to distinctive signs included therein.

 

In any case, HOIST reserves all intellectual and industrial property rights over the contents and/or services of the Portal and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, all or part of the contents included in the Portal, for public or commercial purposes, without the prior, express and written authorization of HOIST or, where appropriate, of the holder of the corresponding rights. Applicable law, competent jurisdiction and notifications

 

These general terms and conditions of use are governed by and construed in accordance with the laws of Spain. For any claim, the courts and tribunals of the city of Madrid shall have jurisdiction. All notifications, requirements, requests and other communications that the User may wish to make to

 

the Company owner of the Portal must be made in writing and it will be understood that they have been correctly made when they have been received at the following address sac@hoistfinance.com.

 

 

8.     Other Websites

 

 

Our Portal may contain links to other websites. These terms and conditions of use, as well as the privacy and cookie policies only apply to this Portal, therefore, when linking to other websites, you should read their own privacy notic

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