LEGAL NOTICE – PRIVACY POLICY

1. SITE OWNERSHIP :

NEEC AUDIO BARCELONA, S.L., business address in Barcelona, calle Motors 166-168, VAT number B-55210645, duly inscribed at the Barcelona Commercial Register, Sheet B-463743, Volume 44695, Page 157, 6th Entry, is the owner of the Site www.eclergallery.com (from this point forward, the Site) and places this Site at the Internet Users’ disposal, with the aim to provide them with information on products and services which may be of their interest.

2. PERSONAL DATA PROTECTION POLICY :

2.1 The trading company NEEC AUDIO BARCELONA, S.L informs the Site User of the existence of a personal data file containing the data provided by Users by filling the forms found on the Site by and for the trading company NEEC AUDIO BARCELONA, S.L, under its responsibility and with the aim to process demands and queries made by the Site Users and, it being the case, to send information about similar products and/or services to those requesting them, as well as to manage sales of products. These data will be kept for as long as it is needed to deal with Users’ queries and demands and, it being the case, as long as their cancellation is not requested when subscribing to the newsletter, and always during the necessary time resulting in legal liabilities for NEEC AUDIO BARCELONA, S.L.

Legal bases which legitimize the processing are given by the consent on the part of the interested party and, it being the case, forward news bulletins or the implementation of the purchasing contract of products.

2.2 The User accepts and gives explicit authorisation for the entry of provided data via the adequate forms found in the file mentioned in the first section. During the data collecting process, and on each of the Site’s sections where data are requested, the User shall be informed either by means of a hyperlink or by the form itself, of whether the collecting of such data is compulsory.

2.3 All Users have the right to obtain confirmation on whether NEEC AUDIO BARCELONA, S.L is processing personal data which may or may not be of their concern. Those interested parties have the right to access their personal data, as well as to require the amendment of incorrect data or, being the case, their deletion when, for instance, the data are no longer needed towards the aim for which they were collected. Under certain circumstances, you will be able to request the restraint of data processing and data will only be stored in order to lodge or argue a complaint. Under certain circumstances, and for reasons concerning their specific situation, those parties interested could object to their personal data processing. In this particular case, NEEC AUDIO BARCELONA, S.L., shall cease to process data, unless there are legal and imperative requirements, or the lodge or arguing of prospective complaints. Each User will be able to exercise the aforementioned rights by means of a written and signed request forwarded to the following address: NEEC AUDIO BARCELONA, S.L., registered in Barcelona, calle Motors 166-168, or by sending an e-mail to the address marketing@ecler.es indicating full name, surname, user and e-mail address. In addition, the User has the right to lodge a complaint before the Control Department for Data Protection via its website http://www.agpd.es/portalwebAGPD/index-ides-idphp.php

2.4 NEEC AUDIO BARCELONA, S.L. is committed to the use of data included in the file with due respect to their confidentiality and to manage them in accordance with the aim of the file, as well as to respect the duty to store them by taking all necessary measures to avoid their alteration, loss, or unauthorized processing or access.

2.5 The user expressly consent to transfer the data to the companies within the NEEC AUDIO BARCELONA, S.L. Group whose activities are related to those of the operational sector covered by NEEC AUDIO BARCELONA, S.L with the aim of receiving information on products and services similar to those offered by this company. You may exercise your rights to access, rectification, deletion, restraint and opposition before NEEC AUDIO BARCELONA, S.L by means of sending an email to marketing@ecler.es adding your full name and email address.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS.

3.1 The rights of intellectual property on the display of contents of the Site, its graphic design, underlying computer programmes, as well as the remaining elements which are part of the Site (texts, videos, recordings, photographs) correspond to NEEC AUDIO BARCELONA, S.L. or its licensors. The distinctive signs included in the Site are owned by NEEC AUDIO BARCELONA, S.L. or its licensors.

3.2 The use of the Site by the User does not imply in any way the transfer of any of the intellectual and/or industrial property rights on the Site, its contents or the distinctive signs of the company NEEC AUDIO BARCELONA, S.L. To that end, by means of this Legal Notice, and except for those cases where it is legally allowed or through prior authorization on the part of the company NEEC AUDIO BARCELONA, S.L., it is strictly forbidden for the User of the Site to reproduce, transform, publicly communicate, distribute, offer, extract and/or reuse the Site, its contents and distinctive sings.

3.3 No link leading to the Web Site is allowed from any other website without prior and explicit consent on the part of the company NEEC AUDIO BARCELONA, S.L.

3.4 The liability derived from the use of material protected by the intellectual or industrial property rights of third parties included in this page in an illicit manner or infringing morality, honour or privacy will rely solely on the User, exempting in all cases the company NEEC AUDIO BARCELONA, S.L. from all responsibility originated from such conduct.

4. LIABILITY

4.1 NEEC AUDIO BARCELONA, S.L. will not be held accountable for the damages which might derived from, included but not limited to (i) Inferences, omissions, interruptions, computer viruses, failure and/or disconnections in the operative functions of the User’s electronic system or devices and computer equipment produced by reasons beyond the control of NEEC AUDIO BARCELONA, S.L., preventing or delaying the provision of services or navigation through the system; (ii) Delays or blockage of use produced by deficiencies or Internet or other electronic systems overloading; (iii) those which might have been produced by third parties through illegitimate interfering beyond the control of the Website and which cannot be attributable to the company NEEC AUDIO BARCELONA, S.L.; (iv) Variations in information, documents and/or other contents in the Site which may exist between the electronic version and the printed one; (v) Due to the impossibility to provide service or allow access for reasons beyond the control of the company NEEC AUDIO BARCELONA, S.L., as a consequence of the User, third parties, or in cases of force majeure.

4.2 NEEC AUDIO BARCELONA, S.L does not generally control the use of the Website made by Users. The company NEEC AUDIO BARCELONA, S.L. does not insure, under any circumstance whatsoever, Users make use of the service according to the law, morals, standard ethics and public order, nor that they will act upon it in a dutiful and prudent manner.

4.3 NEEC AUDIO BARCELONA, S.L. reserves the right, without prior notice and when believed to be appropriate, to amend, eliminate or add both, contents and services, offered in its Website, as well as the way in which they are presented.

5. USER’S OBLIGATIONS:

5.1 Generally speaking, the User is obliged to fulfil these norms and proceedings, as well as the special warnings and operating instructions within the proceedings, and to always abide by the law, standard ethics, and good faith, by making use of the adequate diligence towards the nature of the service which correct functioning could be obstructed, damaged or deteriorated, as could be NEEC AUDIO BARCELONA, S.L. goods or rights, its suppliers, other Users, or any third party by and large.

5.2 The access to the Site does not imply the duty on the part of the company NEEC AUDIO BARCELONA, S.L. to control the absence of viruses, warms or any other damaging computer element. In all cases, it is the User’s duty to employ the appropriate tools towards the protection against such damaging elements. Therefore, the company NEEC AUDIO BARCELONA, S.L., will not be held accountable for any damages caused on the User’s or third parties’ computer equipments for the provision of services through the Website.

6.RELEVANT LEGISLATION. SUBMITTAL TO JURISDICTION:

6.1 These instructions will be ruled by Spanish legislation, which shall be applied where unspecified by these instructions, regarding their interpretation, validity and implementation.

6.2 The parties concerned overtly waive any other suitable jurisdiction in favour of exclusive submittal to The Courts of Barcelona in order to settle any controversy arising from the interpretation of these instructions and norms for the correct use of the Site.