Confidentiality - Confidentiality Rights
CONFIDENTIALITY - CONFIDENTIALITY RIGHTS
1. ADDRESSEE AND CHANGE OF WEB ADDRESS
The following General Conditions govern the use of the Web address http://www.atento.com/ and web address suffixes of Atento Telesserviços Espanha S.A. Single Society, CIF A-78751997, domiciled in Madrid, at Santiago de Compostela, 94, enrolled with the Registro Mercantil de Madri, Volume 8527, Fólio 6, Folha 80695 (hereinafter referred to as "Atento") provides the following to the users (hereinafter referred to as, "User"). The use of the Web Address implies full acceptance by the User of all General Conditions and Use of the Web Address in effect every time the User accesses the such Web address. If the user does not accept any of the conditions set forth hereto, he/she shall refrain from using such Web address. Atento has the right to amend the current General Conditions and Use of Web Address, as well as any other specific or private conditions, rules, instructions or warnings, whenever it wishes to do so. Atento also has the right to suspend, interrupt or no longer use the Web Address at any time.
2. OBJECT
Through its Web Address, Atento allows the access to different materials, information and data (hereinafter referred to as "Material") available to the User by Atento or third-party suppliers of services and materials. Atento has the right to change, at any time, the presentation, configuration and location of the Web Address, as well as the Material and conditions of use.
3. CONDITIONS OF USE AND ACCESS OF THE WEB ADDRESS
- 3.1. Use and access of the WEB Address.
The User acknowledges and accepts that the use and Access of the Web Address and/or Material thereto is free and under its sole responsibility. The User agrees to make a legal and appropriate use of this Web Address and its Material, pursuant to the current legislation, General Conditions of Use of the Web Address, generally accepted good moral principles, and the principle of law and order. The User shall refrain from (I) make unauthorized or fraudulent use of the Web Address and/or its Material; (II) access or try to access resources or restricted areas of this Web Address, without compliance with the conditions required for such access; (III) use the Web Address and/or its Material for crooked or illegal purposes, contrary to the terms established in the present General Conditions, good faith and law and order, to affect the rights and interest of third parties, or that may otherwise affect, damage or overload the Web Address or prevent the normal use of the Web Address; (IV) cause damage on physical or logical systems of Atento, its suppliers or third parties; (V) introduce or spread virus in the systems, or any other physical or logical systems, that may damage the physical or logic systems of Atento, its suppliers or third parties; (VI) try to access, use and/or handle data of Atento, third parties or other users; (VII) reproduce, copy, distribute, allow access to the public through any type of media, change or amend the Material, except if the holder of such rights or his/her legal representative authorizes the User to do so; (viii) suppress, hide or handle notices about rights of industrial or intellectual property and other data pursuant to the rights of Atento or third parties included in the Material; as well as technical protection clauses or any mechanism of information that may be included in the Material; (IX) obtain and try to obtain the Material through the use of means or procedures different from means or procedures made available for such effect, or expressly mentioned in the Web pages in which the Material is displayed, or different from means or procedures frequently used in the Internet to prevent risk of damage or harm to the Web Address and/or its Material.
- 3.2. Introduction to hiperlinks.
Users willing to establish a link or hiperlink with Atento's Web Address shall obtain Atento's previous authorization and be subject to the compliance with the following obligations: (I) the link shall exclusively provide Access to the Web Address, any reproduction is forbidden; (II) no links shall be established with other pages except the home page http://www.atento.com/ and its web address suffixes thereto. The Access to the home page shall occur in an exclusive window on the browser; (III) frames or other means that may imply or suppose that there is a connection between Atento and the web address in which the link is included shall not be used; (IV) false, inaccurate or incorrect indications or information about Atento's Web Address shall not be provided; (V) statements or assumptions indicating that Atento has supervised or became responsible for material or services offered or announced at the web address in which the link was established shall not be made; (VI) the web address with the link shall not display any brand, trade name, company label, denomination, logo, slogan or any signs owned by Atento and/or third parties without authorization; (VII) the web address with the link shall not have information, images or any other item against the good moral principles or law and order. Atento has the right to forbid the inclusion of links to its Web Address when it believes that the address in which the link was included does not comply with the requirements set forth above. Under no circumstances Atento shall be liable for the consequences that may result from the introduction of links by third parties, or any material, information and services offered at the web addresses in which such links were created.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all industrial and intellectual property rights on the Material and/or any other items included at the Web Address (including, without limitation, brands, logos, trade names, text, images, chats, audio and video, data base, software and presentation) are held by Atento and/or third parties. Under no circumstances, the access to the Web Address grants a waiver, succession, license or partial or full assignment of such rights, except when expressly established otherwise. The current General Conditions of Use of the Web Address do not grant to Users any other right to use, amend, exploit, reproduce, distribute or notice to the public the Web Address and/or its Material, except when expressly provided for. Any other use or exploitation of any rights shall be subject to the previous and express authorization, specially granted for such effect, by Atento or third party holder of such rights. Atento authorizes the Users to use, view, print, download and save the Material and/or items published at its Web Address exclusively for personal and unprofitable use, provided that the source and/or author of such material is mentioned (copyright sign and/or notes of industrial property of their holders shall be displayed). Its is expressly forbidden the use, reproduction, communication and/or distribution of such elements for profitable or commercial purposes, as well as any amendments or fragmentation thereto. For any other use different than those authorized, a previous consent by the holder of such rights, in writing, is necessary. In case of breach of such rules, Atento shall file proceedings at courts due to breach of industrial and intellectual property rights.
5. PERSONAL DATA AND USE OF COOKIES
Data obtained by Atento shall be under its custody and responsibility and all applicable safety measures shall be used. When submitting personal data requested, the User shall be directed to a page containing the relevant warnings about ownership, purpose, object and possibility of assignment of the data submitted. The User acknowledges and accepts that Atento shall use cookies when browsing at its Web Address. Atento's cookies are exclusively related to the anonymous User and its computer and shall not create references that collect its personal data. The User may set up its browser to notify or disregard the installation of cookies sent by Atento, without prejudice to the access of the Material by the User. For more information, see instructions and guides at your browser.
6. EXEMPTION OF GUARANTEES AND LIABILITY
- 6.1. Exemption of guarantees and liability for the operation of the Web Address.
Atento does not guarantee the availability and maintenance of operations of the Web Address or web addresses with links. Therefore, under no circumstances, Atento shall be liable for any damage or harm resulting from (I) unavailability or accessibility of the Web Address or web addresses with links; (II) suspension of operation of the Web Address or system failures, telephone damage, disconnections, delays or blocks caused by deficiencies or overload of telephone lines, Internet system or other electronic systems occurring during its operation; (III) lack of credibility of the Web Address for specific needs of the User; (IV) other damages that may be caused by third parties due to unauthorized access outside the control of Atento; (V) virus or other elements that may change the physical or logical systems, electronic documents of files of the Users.
- 6.2. Exemption of guarantees and liability for use of the Web Address.
Under no circumstances, Atento is liable for the use that Users and/or third parties may make of its Web Address and Material thereto, or any damages or harm resulting from such use.
- 6.3. Exemption of guarantees and liability for the Material.
Atento does not edit the Material of third parties published at its Web Address and does not have any liability in connection with the legality, reliability, correctness, accuracy and update of such Material.
- 6.4. Exemption of guarantees and liability for the links.
The Web Address makes available to Users technical appliances of link and search tools that enable Users to Access pages and/or web addresses belonging to or managed by third parties. Atento accepts the material included in such pages when it establishes a link with them. Such acceptance is based on good faith and Atento expects that such material complies with the current legislation. However, under no circumstances, Atento should be liable, or approve products, services, material, information, data, files or any type of material existing in such web pages. Atento does not control and is not liable or approve or amend such material. At its own discretion, or when required by legal or administrative decision, Atento shall remove the links from the web pages that breach the applicable Law and/or affect the rights of third parties.
7. NON-COMPLIANCE
Atento has the right to file all the necessary proceedings to claim for liabilities resulting from non-compliance with any provisions of these General Conditions of Use of the Web Address by the User.
8. PARTIAL ANNULMENT
If any of these general conditions is considered null, void or inefficient, it shall not affect the validity or efficacy of the others, which shall continue to be legally binding among the parties. Waiver by any of the parties to require at any moment the compliance with any of the general conditions established hereto, shall not imply a general waiver to the compliance with other condition or conditions and shall not create a vested right by the other party.
9. APPLICABLE LAW AND FORUM
The provision of services of the Web Address and the current General Conditions of Use of the Web Address are governed by Spanish law. Pursuant to the law, both parties, with the express waiver of any other forum, agree to be subject to the forum of Courts of the City of Madrid.