Privacy policy and legal conditions of use of COGUAN's web page

Contact

“In observance of the Organic Law 15/1999 on the Protection of Personal Data, you are informed that the data you provide will be included in an automated and private information file, owned by COGUAN S.L. (hereinafter "COGUAN") located on Calle de Cadarso 19, 28008 Madrid, with the purpose of facilitating information to you and managing your advertising.

Equally, you give permission for this data to be shared with the rest of companies belonging to COGUAN GROUP AG with the same purpose. You will be able to exercise the rights of access, update, cancelation and opposition by addressing a written commmunication to the address indicated previously.”

Legal Notice and Privacy Policy.

1. LEGAL NOTICE – www.coguan.com
1. 1.1
  www.coguan.com is the website of COGUAN S.L., (hereinafter COGUAN) company of Spanish nationality with residence on Calle de Cadarso 19, 28008 Madrid, C.I.F. number B-85503811, established through an authorized deed by the Notary D. Jose Maria Badia Gasco, on July 31, 2008, Seat 555, Diary 1922 and registered in the Corporate Register of Madrid in the volume 26.000, Book 0, page 20, Section 8, Sheet M-468702. INC:1 / (22.9.2008).
2. 1.2
  COGUAN offers, among others, its services as an Ad Exchange of online advertising (an open market of online advertising, connecting advertisers, publishers and agencies), and is aware of the insecurity and distrust that an Ad Exchange on the Internet can generate in its users. For this reason, one of COGUAN's most essential objectives and highest priorities is to offer the safest and most confidential services, safeguarding communications' privacy and the personal data of its users.
2. Users of www.coguan.com COGUAN
1. 2.1
  COGUAN, through this web site, makes available to the user a platform to manage online advertising.
2. 2.2
  The services of Coguan consist of offering information and advertising on products and services, according to areas of interest indicated by the user after registration in www.coguan.com, as well as information and advertising on products and services in which, attending to the user's profil, and according to certain criteria, the user might be interested in.
3. 2.3
  If the user wishes to access the services of www.coguan.com he or she must give consent freely and voluntary, by filling out the registration form.
4. 2.4
  The messages derived from the service www.coguan.com are sent by COGUAN. COGUAN.
3. Good practice declaration
1. 3.1
  COGUAN is aware of and works in accordance to the legislation in force at any given time. More specifically, by way of information, with the Organic Law 15/1999, of December 13, on the Protection of Personal Data, with the Law 34/2002, of July 11, on Services of the Information Society and of Electronic Trade and with the Organic Law 1/1996, of January 15, on Legal Protection of children under age.
2. 3.2
  Because of this COGUAN:
  1. a.-
    Does not promote illicit, immoral, obscene or harmful material.
  2. b.-
    Does not promote any types of discrimination.
  3. c.-
    Does not send massive, junk or spam emails, nor unrequested news group communications.
  4. d.-
    Does not break any intellectual or industrial rights belonging to other companies.
3. 3.3
  Furthermore, COGUAN will cancel any agreements with advertising companies or members of COGUAN's Ad Exchange who practice any of the mentioned actions described in 3.2.
4. Use of the services by under age children
1. 4.1
  The use of the services of www.coguan.com by under age children is not allowed.
5. Compliance with the regulation on the Protection of Personal Data
1. a) Right of information
  
  In compliance to the Organic Law 15/1999, of December 13, on the Protection of Personal Data, COGUAN informs the user of the existence of an automated personal data file created by COGUAN, which has been correctly registered in the Spanish Agency of Protection of Information.
2. b) Purpose
  
  The purpose of the information the user gives COGUAN is to know his or her areas of interest and obtain specific profiles to carry out e-mail and direct marketing.
  
  This information will be dealt with the maximum privacy, confidentiality and safety according to the governing law.
3. c) User's consent
  
  It is understood that the User accepts the established conditions if he or she clicks on the button "ACCEPT” found in the forms completed by the user.
  
  Therefore, the completion of the registration form implies the acceptance by the user of the automatized treatment of his or her data in accordance with the privacy conditions of COGUAN.
  
  The data given by the user is adequate, pertinent and not excessive in relation to the field, the purpose and specific services, explicit and legitimate of COGUAN.
  
  Nevertheless, the user can revoke this consent at any time, thus resigning from the services of www.coguan.com.
  
  The User consents to his or her email address and other data being used by Coguan to send commercial information by any means (postal, telephone, fax, mailing, or other).
  
  If the User doesn't want to receive these communications, he or she must visit the COGUAN office (at Calle de Cadarso 19, 28008 Madrid) or send an email to this address: info@coguan.com , at the attention of the Security Chief.
4. d) Transfer of user's information
  
  The user consents that data can be transferred to COGUAN with address at Calle de Cadarso 19, 28008 Madrid, which belongs to COGUAN GROUP AG, with address at Bahnhofstrasse 21, 6304 Zug, Switzerland, with the purpose of sending useful information to the user.
  
  The user can revoke the consent given at present at any time, as well as exercise the rights of access, update, cancellation and opposition, by addressing a written communication to the address given before.
  
  Likewise, the user consents that his or her information (name, surnames and postal address) can be transferred to other Spanish or European entities within the Marketing sector or to those belonging to the Spanish Federation of Electronic Trade and Direct Marketing (FECEMD), or grouped in diverse sectors (Finance, Publishing, Education, Automotive, NGO, Computer science, Telecommunications, Consultancy, Energy, Medicine, Textile, Home, Hygiene, Health, Beauty and Personal Care products, Furniture, Food, Collecting, Music, Videos, Puzzles, Office Material, Computer science, Technology, Travels, Toy store, Jewel, Drug and Cleaning stores, Insurance), in order to be able to receive offers about a variety of products or services which might be of their interest.
5. e) Access, update, cancellation and opposition rights
  
  The user can exercise the rights of access, update, cancellation and opposition to the management of his personal information sending a written communication to COGUAN at the following address: Calle de Cadarso 19, 28008 Madrid, or to the following email address: info@coguan.com.
6. f) Observance of the safety measures
  
  The users' personal data is stored in a file owned by COGUAN, which guarantees the appropriate technical and structural measures to prevent the integrity and safety of the personal information provided.
  
  COGUAN maintains the required levels of protection and safety for your information in accordance with the Royal decree 994/1999, of June 11, concerning the safety measures of automated files which contain personal data. Coguan has also set up all the available technical means to avoid any loss, misuse, alteration, non authorized access and theft of the information transfered to COGUAN, admitting however that the safety measures on Internet are not infallible.
  
  In addition, COGUAN creates, maintains, reviews and updates the Safety Document according to the rules of such law.
6. Electronic communications
1. 6.1
  The use of personal information and communications by electronic means is carried out in accordance with the regulations established in the Organic Law 15/1999, 13 of December, of Protection of Personal Data (B.O.E 14/12/1999) and in the Law 34/2002, of July 11, of Services of the Information Society and of Electronic Trade (B.O.E. 12/07/2002).
2. 6.2
  The word "advertising" will appear at the beginning of the message, clearly identifying the person or legal entity in whose name they are produced, in all electronic communications of direct marketing activities and / or advertising referred by www.coguan.com
3. 6.3
  Users can unsubscribe from this service easily and for free, by sending a written communication to COGUAN, at Calle de Cadarso 19, 28008 Madrid; on the users section of the website ; or by sending an email to the address info@coguan.com, indicating in the subject that you do not wish to receive any more advertising; or through the link provided to cancel your registration in each electronic communication.
4. 6.4
  The user can edit his or her information, topics of interest or preferences in the "Modification" option of the user's section of the website http:// www.coguan.com, as well as by clicking on the link provided by www.coguan.com in each electronic communication, which allows the user to access his or her account and edit the information.

AGREEMENT TO THE LEGAL CONDITIONS

1. LEGAL CONDITIONS OF THE WEBSITE

These current general conditions (hereinafter 'General Conditions') regulate the use of the services of the Website (hereinafter the 'Site') that COGUAN SL (hereinafter 'COGUAN') offers, in the manner described below, to the Users of the Internet.

The use of the Site attributes the condition of User of the Site (hereinafter, the 'User') with the full conformity of the User and without reserves or limitations, to each and every one of the general and particular conditions, according to the version published by COGUAN at the moment of the User's access to the Site.

Therefore, the User must read carefully the content of this legal warning, on each occasion in which he or she uses or accesses the Site.

The access and/or use of certain services and contents offered to the Users in and/or through the Site is subject to certain particular conditions which, depending on the case, substitute, complete and/or modify the General Conditions (hereinafter, 'Particular Conditions').

Previous to the access and/or use of such services and contents, therefore, the User must also read carefully the corresponding Particular Conditions. The access and/or use of such services and contents expresses the complete and unconditional acceptance of the Particular Conditions in the version published by COGUAN on the moment of the access and/or use.
2. OBJECT

Through this Site, COGUAN provides users with access to use several services and content made available by COGUAN, or by third-party users of the Site and/or third-party providers of services and content (from now on, the "Services").

COGUAN reserves the right to unilaterally modify, at any time and without previous notice, the presentation and configuration of the Site. Coguan also reserves the right to modify or eliminate, at any time and without previous notice, the Services and conditions required to access and / or use the Site and the Services.
3. CONDITIONS TO ACCESS AND USE THE SITE
1. 3.1. Free access and use of the Site
  
  The access to the Site is free of charge for the Users and does not require a previous subscription or registration. However, the use of the basic services of Coguan AdShare or some of its Premium Services can only be done via a previous subscription, registration or contract by the User, regulated in some cases through the payment for a received service or charge in consideration for a fulfilled service.
  
  Coguan works with a Freemium business model (Freemium = 'Free' Services + 'Premium' Services).
  
  All basic services ('free' services) are focused on the transaction of direct sale from an advertiser to a publisher in an automated manner and, therefore, are without commission by Coguan. Thus, the right of use of the basic services of the producto Coguan AdShareTM on the Site is obtained through registration without costs for the registration or maintenance, nor commission for the direct sale of the User-Publisher to the User-Advertiser, in exchange for the permission of the User to use its corporate image (logo) in consideration for the use of the product Coguan AdShare for marketing and communication activities of COGUAN. Specifically, these services are designed to generate 1:1 direct sales, between 1 advertiser and 1 publisher. This means that both parties can manage existing relations without additional costs and taking advantage of all the benefits offered by Coguan AdShare. At the same time, 1:1 relations established in an automated manner through Coguan AdShare's Marketplace, are also consolidated without additional commission.
  
  The premium service has a commission of 30% from the User representing the publisher. This commission will be specified transparently in each case in the income section of every publisher's account. The premium service has two parts. First, the use, participation and creation of Coguan AdGroups, that consists on the creation of m:n relations between advertisers and publishers (for example, one advertiser places his or her ad on two different publishers at the same time). Secondly, COGUAN offers a non automated mediation between an advertiser and a publisher. In this case, COGUAN invests the necessary commercial resources to find and convince advertisers to choose the recommended publishers, thus helping the publisher obtain more income.
  
  COGUAN reserves the right to offer other products and services to its clients with a consumption cost. In all cases, COGUAN would establish the costs of such products and services in advance with its clients.
  1. 3.1.1. Coguan AdShare for publishers
    
    In consideration of what is established in article 5 of the Royal decree 1496/2003, of November 28, which approves the Regulation by which the invoicing obligations are regulated, the publisher expressly authorizes COGUAN to issue, in the publisher's name, all the invoices referred to the products and services offered in the web site www.coguan.com. COGUAN will provide the publisher the invoices thus issued in the website www.coguan.com according to the payment terms stipulated below; the publisher, in accordance with what is established in the same article, will have fifteen days to reject the invoice or to request the necessary modifications. The numeration of the invoices will be done using a specific series for every publisher. .
    
    The payment period will depend on the type of campaign (self-managed or managed by COGUAN) accepted by the publisher, so the publisher might be able to receive the earnings at the end of the month. It is necessary to have earned at least 100 euros before payment is made.
    Based on the type of campaign, these are the two possible scenarios:
    1. 1. Self-managed campaigns on Coguan AdShare: advertisers managing their own campaigns make payments before the campaigns start, so publishers can receive payments at the end of the month once the campaign has finished.
    2. 2. Campaigns managed by Coguan: there is a period of time between when the advertiser/agency pays Coguan, and when Coguan will pay the publishers, so the time period can be a bit longer.
  2. 3.1.2. Coguan AdShare for advertisers
    
    There is a button shown as 'My Balance' in all pages of the section advertiser in COGUAN. By clicking on this button, the advertiser will be led to the section "My account - My balance" where it can credit the account. The balance can be modified through different methods of payment:
    - With Paypal to the account coguan@coguan.com.
      From € 3.000, Coguan assumes the transfer costs with PayPal. These costs are at the expense of the advertiser or agency in case of loading up to € 2.999 and they can be consulted on the following web: https://www.paypal.com/es/cgi-bin/webscr?cmd=_display-xborder-fees-outside&countries=
    - Via credit card
    - With bank transfer (details below)
      Ibercaja
      IBAN: ES39 2085 9291 5903 3025 8550
      Account number: 2085-9291-59-0330258550
2. 3.2. Obligation to use the Site and the services correctly
  
  The User hereby agrees to use the Site and the Services in accordance with the Law, with these General Conditions, with the morality, good customs, public order, and generally accepted uses. The user is forbidden to use the Site and the Services for illicit ends or effects, contrary to what is established in these General Conditions, injurious of the rights, interests and image of third parties, or that can in any way damage, disable, overload or deteriorate the Site and the Services or prevent the normal use or enjoyment of the Site and of the Services on the part of the Users.
3. 3.3. Means to obtain content
  
  The User will abstain from obtaining or even trying to obtain information, messages, graphs, drawings, sound and / or image files, photographs, recordings, software and, in general, any accessible kind of material through the Site or the Services (hereinafter "Contents") making use of means or procedures different from those that, depending on each case, have been provided to this effect or have been indicated in the web pages containing the Contents or, in general, of those that are normally used on the Internet with this purpose, provided they do not contain any risk of damage or disable of the Site, the Services and / or the Contents.
4. 3.4. Correct use of the content
  
  The User hereby agrees to use the Content in a diligent, correct and licit manner and, specifically, agrees to abstain from:
  1. (a)
    using the Content with ends or effects contrary to law, to the morality, good customs and to the generally accepted uses or public order;
  2. (b)
    reproduce, copy, distribute, permit access through any modality of public communication, transform or modify the Contents, unless the user is in possession of the authorization of the holder of the corresponding rights or it is legally permitted;
  3. (c)
    delete, elude or manipulate the "copyright" and other information related to the rights of COGUAN or their holders incorporated in the Contents, as well as the technical devices of protection, the digital fingerprints or any information mechanisms that could include the Content;
  4. (d)
    use the Content and, specifically, information of any kind obtained through the Site or through the Services to send advertising, communications of direct sale purposes or of any other kind of commercial purpose, messages not requested addressed to a plurality of people, independently of the purpose, as well as to abstain from commercializing or spreading, in any way, the above mentioned information;
  5. (e)
    And especially, to carry out any action contrary to the rules that regulate the protection of personal data, Intellectual Property, fiscal law, as well as those that protect the honor, intimacy and image and good name of people or entities.
5. 3.5. Password use
  
  The use commits to use diligently and keep in secret the password and name/s of user/s assigned, to access the Site and / or the services
  
  The User is responsible for the expenses, damages and prejudices caused by the use of the Services by any third party that obtains the correspondent password/s and user name/s due to a non diligent use or the loss of this information by the User.
6. 3.6. Obligation to follow the instructions
  
  The User hereby agrees to diligently and faithfully follow any instructions given by COGUAN or by the personnel authorized by COGUAN in relation to the use of the Site and of the Services.
7. 3.7. Open Forums
  
  The User hereby agrees to make use of those Services that, by their nature, allow Users to insert Contents on the Site and make them accessible to other Users, e.g., and among others, chat services, forums, e-mail, bulletin boards, personal pages, and so on (hereinafter and jointly, "Opened Forums") in accordance with the current law, the present General Conditions, morality, generally accepted good customs and public order
  
  The user commits to avoid transfering or sharing content to third parties through the Open Forums
  1. (a)
    in any way violate, disdain or threaten any fundamental rights and public freedom recognized in the Constitution, in international agreements and in the rest of the legal system;
  2. (b)
    induce, incite or promote criminal, slanderous, offensive and violent action or, in general, those which are contrary to law, morality, generally accepted good customs or public order;
  3. (c)
    Induce, incite or promote discriminatory actions, attitudes or ideas by gender, race, religion, beliefs, age or condition;
  4. (d)
    incorporate, provide or allow the entrance of products, elements, messages and / or criminal, violent, pornographic and degrading services or, in general, contrary to law, morality and generally accepted good customs or public order;
  5. (e)
    Induce or could induce an unacceptable state of anxiety or fear;
  6. (f)
    Induce or incite getting involved in dangerous, hazardous or harmful actions that can have a negative effect on health and psychic balance;
  7. (g)
    are false, ambiguous, inaccurate, exaggerated or untimely, in such a way which they can induce to error on the aim or intentions of the communicator;
  8. (h)
    are protected by any rights of intellectual or industrial property of a third party, without the User first obtaining the necessary authorization from the holders of these rights to be able to use them;
  9. (i)
    Violate industrial secrets of third parties;
  10. (j)
    are contrary to the rights of honor, of familiar and personal intimacy and of personal image ;
  11. (k)
    Infringe the regulation on the privacy of communications;
  12. (l)
    Constitute illicit, deceitful or disloyal advertising and, in general, disloyal competition;
  13. (m)
    include virus or other physical or electronic elements which could damage or prevent the adequate performance of the Ad Exchange, of the system, of computer equipments (hardware and software) of third parties or that could damage electronic documents and files stored in the above mentioned computer equipments.
  COGUAN has no obligation to control and does not control the content trasmitted or shared to third parties by the users on the Open Forums.
  
  Nevertheless, COGUAN reserves the right to check, at any time and without previous notice, on its own initiative or by request of a third party, the content transmitted or shared by the Users with third parties through the Open Forums and to prevent their transmission or circulation to third parties when considering they are contrary to the established in these General Conditions.
8. 3.8. Introduction of hyperlinks which allow access to the webpages of the Site and to the services
  Users and, in general, all those who wish to establish a hyperlink between their web page and any of the Site's web pages or its Services (hereinafter "Hyperlink") must comply with the following conditions:
  1. (a)
    The Hyperlink will only allow access to the Site's web pages and to the Services, but will not be able to reproduce them in any form ;
  2. (b)
    will not be established deep-links with the webpages of the Site or with the services;
  3. (c)
    will not create a browser or a border environment on the webpages of the Site and the Services ;
  4. (d)
    there will be no false, inaccurate or incorrect indications or expressions about the web pages of the Site and the Services. Specifically, the user will not declare or make it understood that COGUAN has authorized the Hyperlink or has supervised or assumed in any way the contents or services offered or provided to the webpage in which the Hyperlink is established;
  5. (e)
    with the exception of the signs which are part of the Hyperlink, the web page in which the Hyperlink is established will not contain any brand, trade name, label of establishment, denomination, logo, slogan or other distinctive signs belonging to COGUAN;
  6. (f)
    The web page in which the Hyperlink is established will not contain any illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it have contents that violate any rights of third parties.
  The insertion of the Hyperlink in no case implies neither the existence of a relationship between COGUAN and the owner of the webpage, nor COGUAN's acceptance or approval of the contents and services provided on that website.
9. 3.9. Damage responsibility
  
  The User will deal with the damages which COGUAN may suffer as a consequence of not como consecuencia of breaking any of the obligations under the General Conditions
  
  Without any prejudice to the established in the previous paragraph, in the event of COGUAN having to pay an administrative fine or compensation of any another kind as a result of an administrative resolution, a sentence or a transaction agreement, due to the breach of any of the obligations assumed by the User in the General Conditions, the User will restore to COGUAN the amount paid for any of above mentioned reasons in a period of thirty (30) days from the day Coguan receives the written notification.
10. 3.10. Access limitations to publishers
  
  The User agrees to not add any websites on the Coguan AdShare's Ad Exchange with content which
  1. (a)
    in any way contravene, denigrate or threaten fundamental rights and constitutionally recognized public freedom, contemplated in international treaties and in the rest of the legal system;
  2. (b)
    Induce, incite or promote criminal, slanderous, offensive or violent actions or, in general, contrary to the established law, morality and generally accepted good customs or public order;
  3. (c)
    Induce, incite or promote discriminatory actions, attitudes or ideas by gender, race, religion, beliefs, age or condition;
  4. (d)
    incorporate, provide or allow the access of products, elements, messages and / or criminal, violent, pornographic and degrading services or, in general, contrary to law, morality and generally accepted good customs or public order;
  5. (e)
    Induce or could induce an unacceptable state of anxiety or fear;
  6. (f)
    Induce or incite getting involved in dangerous, hazardous or harmful actions that can have a negative effect on health and psychological balance;
  7. (g)
    are false, ambiguous, inaccurate, exaggerated or untimely, in such a way that they can induce to error on the aim or intentions of the communicator;
  8. (h)
    are protected by any rights of intellectual or industrial property of a third party, without the User first obtaining the necessary authorization from the holders of these rights to be able to use them;
  9. (i)
    Violate industrial secrets of third parties;
  10. (j)
    are contrary to the rights of honour, of familiar and personal intimacy and personal image
  11. (k)
    infringe the regulation on the privacy of communications
  12. (l)
    Constitute illicit, deceitful or disloyal advertising and, in general, disloyal competition
  13. (m)
    include virus or other physical or electronic elements that could damage or prevent the proper performance of the Ad Exchange, of the system, of computer equipments (hardware and software) of third parties or that could damage electronic documents and files stored in the above mentioned computer equipment.
  14. (n)
    estén creados pensando únicamente en los anuncios.
  COGUAN reserves the right to check, at any time and without previous notice, on its own initiative or by request of a third party, the contents transmitted or shared by the Users to third parties through the services offered to web publishers, and to block the use of Coguan AdShare if, to its knowledge, they are contrary to what is established in the General Conditions.
11. 3.11. Access limitations to advertisers and their agencies
  
  The User agrees not to add adverts in Coguan AdShare's Ad Exchange with contents that
  1. 1. (a)
    in any way contravene, denigrate or threaten fundamental rights and constitutionally recognized public freedoms, contemplated in international treaties and in the rest of the legal system;
  2. 2. (b)
    Induce, incite or promote criminal, slanderous, offensive or violent actions or, in general, contrary to the established law, morality and generally accepted good customs or public order;
  3. 3. (c)
    Induce, incite or promote discriminatory actions, attitudes or ideas by gender, race, religion, beliefs, age or condition;
  4. 4. (d)
    incorporate, provide or allow the access of products, elements, messages and / or criminal, violent, pornographic and degrading services or, in general, contrary to law, morality and generally accepted good customs or public order;
  5. 5. (e)
    Induce or could induce an unacceptable state of anxiety or fear;
  6. 6. (f)
    Induce, incite or promote discriminatory actions, attitudes or ideas by gender, race, religion, beliefs, age or condition;
  7. 7. (g)
    are false, ambiguous, inaccurate, exaggerated or untimely, in such a way that they can induce to error on the aim or intentions of the communicator;
  8. 8. (h)
    are protected by any rights of intellectual or industrial property of a third party, without the User first obtaining the necessary authorization from the holders of these rights to be able to use them ;
  9. 9. (i)
    Violate industrial secrets of third parties;
  10. 10. (j)
    are contrary to the rights of honour, of familiar and personal intimacy and personal image;
  11. 11. (k)
    Infringe the regulation on the privacy of communications;
  12. 12. (l)
    Constitute illicit, deceitful or disloyal advertising and, in general, disloyal competition;
  13. 13. (m)
    include virus or other physical or electronic elements that could damage or prevent the proper performance of the Ad Exchange, of the system, of computer equipments (hardware and software) of third parties or that could damage electronic documents and files stored in the above mentioned computer equipments.
  COGUAN reserves the right to check, at any time and without previous notice, on its own initiative or by request of a third party, the contents transmitted or shared by the Users with third parties through the services offered to web publishers, and to block the use of Coguan AdShare if, to its knowledge, they are contrary to what is established in the General Conditions.
4. PERSONAL INFORMATION

The user hereby consents to his or her data being given to COGUAN, established at Calle de Cadarso, 28008, Madrid, member of COGUAN GROUP AG, established at Bahnhosftrasse 21, 6304 Zug, Switzerland, with the purpose of sending the user information that may be of his or her interest. The user can revoke this consent at any time, as well as apply his or her rights of access, rectification, cancellation and opposition, by sending a written communication to the address indicated above to these effects. All these circumstances will be previously and duly notified by COGUAN to the Users, in the cases and the forms that is required by law. The User consents to his or her email address being used to send commercial communications. However, this consent can be revoked at any time by the affected party, thus unregistering from the services of . COGUAN guarantees having adopted the necessary security measures in the installations, systems and computer folders. Likewise, COGUAN guarantees the confidentiality of the Personal Data. However, COGUAN will reveal to the relevant public authorities any Personal Data or other information in its power or accessible through its systems and that is required in conformity with the legal dispositions applicable to each case. The Users have recognized rights of access, cancellation, rectification and opposition, and can apply them by contacting COGUAN through the email address , or sending a written communication to the social address Calle de Cadarso, 28008 Madrid. The Users guarantee and take responsibility, in any case, for the veracity, accuracy, validity and authenticity of the given Personal Data, and are responsible of keeping them duly updated.
5. USE OF THE SITE, SERVICES AND CONTENT UNDER THE ENTIRE RESPONSIBILITY OF THE USER

The User is aware and voluntarily accepts that the use of the Site, the Services and any of the Content is, in any case, under his entire and own responsibility.
6. EXCLUSION OF GUARANTEES AND OF RESPONSIBILITY
1. 6.1. Exclusion of guarantees and of responsibility for the functioning of the Site and Services
  1. 6.1.1. Availability and continuity
    
    COGUAN does not guarantee the availability and continuity of the Site and the Services
    
    COGUAN excludes any responsibility for the damages of any kind that could be caused by the lack of availability or continuation of the functioning of the Site and Services.
  2. 6.1.2. Use
    
    COGUAN excludes any responsibility for damages of any kind, which could be caused by a fraudulent activity attributed to the Site and Services.
  3. 6.1.3. Reliability
    
    COGUAN does not guarantee the reliability of the Site or the Servicios, and the capability to access the websites or the services within the Site, or being able to transmit, receive or share content through third parties
    
    COGUAN excludes any responsibility for the damages of any kind that could be caused by the lack of reliability of the Site and Services, and specifically, but not exclusively, to the failures in the access to the different web pages of the Site or to the different Services, as well as to the failures in the transmission, diffusion, storage, putting at disposal of third parties, reception, obtaining or access to the Content.
2. 6.2. Exclusion of guarantees and responsibility for the Content
  1. 6.2.1. Quality
    
    COGUAN does not previously control or guarantee the absence of virus in the Content, nor the absence of other elements in the Content which could produce alterations in the computer system (software and hardware) or in the electronic documents and files stored in its computer system.
  2. 6.2.2. Legality, reliability and use
    
    COGUAN excludes any responsibility for the damages and prejudices of any nature that could be due to the transmission, diffusion, storage, receipt, or access to the Content, and especially, though not in an exclusive way, for the damages and prejudices that could be due to
    1. (A)
      The breach of the law, the morality and the good generally accepted customs or the public order like consequence of the transmission, diffusion, receipt, or access to the Content; ;
    2. (B)
      The infraction of the rights of intellectual and industrial property, of the managerial secrets, of contractual commitments of any class, of the rights to the honor, to the personal and family intimacy and to the image of the persons, of the rights of property and of any other nature belonging to the third one as consequence of the transmission, diffusion, storage, receipt, or access to the Content; ;
    3. (C)
      The accomplishment of acts of disloyal competition and illicit advertising as consequence of the transmission, diffusion, storage, receipt or access to the Content; ;
    4. (D)
      The lack of veracity, accuracy, relevancy and / or current importance of the content; ;
    5. (E)
      The inadequacy for any class of purpose and the disappointment on the expectations generated by the Content; ;
    6. (F)
      The breach, delay in the fulfillment, defective fulfillment or completion for any reason of the obligations contracted for third and contracts realized with third across or on the occasion of the access to the Content; ;
    7. (G)
      The vices and faults of all kinds of the transmitted, spread Contents, stored, put to disposition or of another form transmitted or share, received, obtained or accessed through the Site or the Services.
3. 6.3. Exclusion of guarantees and responsibilities for the Services given by third parties on the Site
  1. 6.3.1. Quality
    
    COGUAN neither controls previously nor guarantees the absence of viruses in the services provided by third parties through the Site.
    
    COGUAN excludes any responsibilities for the damages and prejudices of any nature, which could be due to faults in the quality of the Services given by third parties across the Site.
  2. 6.3.2. Legality, reliability and use
    
    COGUAN excludes any responsibility for any damages due to the Services given by a third party through the Site and especially, though not exclusively, for the damages due to
    1. (A)
      The breach of the law, the morality and the good generally accepted customs or the public order like consequence of the transmission, diffusion, receipt, or access to the Content; ;
    2. (B)
      The infraction of the rights of intellectual and industrial property, of the managerial secrets, of contractual commitments of any class, of the rights to the honor, to the personal and family intimacy and to the image of the persons, of the rights of property and of any other nature belonging to the third one as consequence of the transmission, diffusion, storage, receipt, or access to the Content; ;
    3. (C)
      The accomplishment of acts of disloyal competition and illicit advertising as consequence of the transmission, diffusion, storage, receipt or access to the Content; ;
    4. (D)
      The lack of veracity, accuracy, relevancy and / or current importance of the content; ;
    5. (E)
      The inadequacy for any class of purpose and the disappointment on the expectations generated by the Content; ;
    6. (F)
      The breach, delay in the fulfillment, defective fulfillment or completion for any reason of the obligations contracted for third and contracts realized with third across or on the occasion of the access to the Content; ;
    7. (G)
      The vices and faults of all kinds of the transmitted, spread Contents, stored, put to disposition or of another form transmitted or share, received, obtained or accessed through the Site or the Services.
4. 6.4. Exclusion of guarantees and responsibilities for the Services given by third parties on the Site
  
  The Site offers the Users technical linking devices and mechanisms (such as links, banners, buttons), directories and search tools, which allow the Users to access other websites of third parties (hereinafter 'Linked Sites'). The set up of these links, directories and search tools has as its sole purpose to facilitate the search and access to the information available on Internet for the Users, and it does not assume any link or association between COGUAN and the webmasters of the Linked Sites. COGUAN does not previously control, approve or assume as its own any services, information, data, files, products and any kind of material present on the Linked Sites. COGUAN neither guarantees nor assumes any type of responsibility for damages of any kind that could be due to:
  1. (A)
    The running, availability, accessibility or continuity of the Linked Sites; ;
  2. (B)
    The maintenance of the Services, information, data, files, products and material of any kind in the Linked Sites; ;
  3. (C)
    The provision or transmission of the Services, information, data, files, products and material of any kind in the Linked Sites; ;
  4. (D)
    The quality, legality, reliability and usefulness of the services, information, data, files, products and material of any kind in the Linked Sites, in the same terms and with the same scope stipulated in the general condition 6.2 and 6.3 concerning the Content and Services given by third parties through the Site.
5. 6.5. Exclusion of guarantees and responsibility for the use of the Site, of the Services and of the Content by the Users
  
  COGUAN neither controls the access nor the use done by users of the Site, the services and content,
  Specifically, COGUAN does not guarantee that the Users will use the Site, the Services and the Contents in accordance to the law, these General Conditions and, in its case, the Particular Conditions that arise from the application, the morality and generally accepted good customs and public order, or that they will use them diligently and prudently.
  
  COGUAN excludes any responsibility for damages due to the use of Services and the Content.
6. 6.6. Identity and information concerning and provided by the Users
  
  COGUAN neither controls nor offers any type of guarantee over the identity of the Users, not even over the veracity, validity, and/or authenticity of data provided by Users or shared with other Users
  
  COGUAN excludes any responsibility for the damages of any kind caused by the incorrect identity of the Users or by the lack of veracity, validity, and / or the authenticity of the information which the Users provide about themselves and share with other Users, and specifically, though not exclusively, for the damages of any kind caused by the impersonation of a third party carried out by a User in any kind of communication or transaction executed through the Site.
7. NO LICENCE

COGUAN authorizes the User the use of intellectual and industrial property rights and of company secrets concerning the Software installed in his computer equipment exclusively to use the Site and the Services in accordance with what is established in these General Conditions.

COGUAN does not provide any licence or authorisation over its industrial and intellectual property rights, company secrets or over any other property or right related to the Site, the Services or the Content.
8. REFUSAL AND WITHDRAWAL OF ACCESS TO THE SITE AND / OR THE SERVICES

COGUAN reserves the right to refuse or withdraw access to the Site and / or the Services, at any time and without notice, on its own initiative or at the request of a third party, to those Users who do not follow these General Conditions or the Particular Conditions applicable.
9. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

When a User or a third party considers that any of the Contents in the Site have been in included it violation of his intellectual property rights, the user or third party must send Coguan a notification containing the following: :
1. (a)
  Personal information: name, address, telephone number and email address of the claimant; ;
2. (b)
  Authentic signature or equivalent, with the personal information of the holder of the supposedly infringed intellectual property rights or of the person authorized to speak in name and at the expense of the holder of the supposedly infringed intellectual property rights; ;
3. (c)
  Precise and complete indication of the Contents protected by intellectual property rights supposedly infringed, as well as their location on the Site; ;
4. (d)
  Clear statement specifying that the indicated Contents have been introduced without the consent of the holder of the intellectual property rights supposedly infringed; ;
5. (e)
  Clear statement, under the claimant's responsibility, that the information provided in the notification is precise and truthful and that the insertion of the specified contents constitutes a violation of his or her intellectual property rights.
These notifications must be sent to the Administrative Department, info@coguan.com, teléfono 91 6160853, fax 91 6657956, Calle de Cadarso 19, 28008 Madrid.
10. DURATION AND TERMINATION

The provision of the service on the Site and other services has an indefinite duration

Both parties can agree cancelling the services prior to a written communication to the other party.

Nevertheless, COGUAN is authorized to suspend, unilaterally interrupt or consider as terminated the service of the Site and / or of any of the Services, at any time and without need of notice, without prejudice of what is arranged in relation to this matter in the corresponding Particular Conditions.
1. 10.1 Fraud by the user
  
  In case of fraud on the part of the user, COGUAN reserves the right to exclude the user without explanation on the part of COGUAN and without compensation for the income obtained until that moment.
  
  COGUAN considers all types of fraud, which include, but aren't limited to the following activities:
  - Insertion of fraudulent code in ads HTML y Flash,
  - Use of automatic bid tools in auctions of advertising spaces,
  - Manipulation of conversion of results and the ad code,
  - hide ads, etc.
  Non valid clicks are those generated by forbidden methods. These methods include, among others, manual click repetition, the use of robots and other instruments of automatic clicks, and other deceitful software. The User must bear in mind that clicking on his own ad is not permitted under any concept, since this could influence the costs of the advertisers. All clicks must be generated as a result of a user clicking on the ad. Therefore, all webpages must not include any incentives of any kind to make the users click on the ads. This includes inciting the users to click on ads or visit the page of the advertisers, as well as tagging the adverts with any other text different than 'sponsored links' or 'ads'..
2. 10.2 User behavior
  
  Sites that publish adverts using COGUAN AdShare can neithe contain emergent elements nor pop-unders which interfere with the navigation of the site, change the preferences of the users or initiate downloads. All the codes of COGUAN AdShare have to be inserted directly in the webpages without any modification. The members of COGUAN AdShare are not permitted to alter any fragment of the code or change the behaviour, orientation or publication of the ads. For example, clicking on the adverts of COGUAN AdShare will never open a new window in the navigator. A site or third party can not publish adverts of COGUAN AdShare, search box, search results or reference buttons as a result of the actions of a software application (for example, tool bars). None of COGUAN AdShare's codes can be inserted in a software application. The webpages that include a COGUAN AdShare code can not be loaded by any software that can activate emergent elements, redirect users to undesired sites, alter the configuration of the navigator or interfere in any way with the navigation of the website. Any attempts to evade, dodge or deactivate by any means the security mechanisms of COGUAN's Ad Exchange are forbidden, as well as the use of computer programs to read data automatically, the use and/or spreading of virus, worms, trojans, brute force attacks, spam or the use of other links, programs or procedures which can damage COGUAN's Ad Exchange or other members of COGUAN's Ad Exchange. Specially, the User is forbidden to try to obtain income thanks to the closing of businesses, by himself or through third parties, using advertising resources, results control links and/or other auxiliary technical means which are prohibited in COGUAN's Ad Exchange, by one or many of the following actions: simulate the false win of a business, for example, by providing in a non authorized manner external, false or non existing data about the request of products and/or services or online registration; using types of advertising that, although offer the possibility of result control, do not show the advertising channel, it is not perceptible or does not appear in the form and/or size determined by the advertiser. The User is compelled to pay a conventional fee for every case fixed by COGUAN in an equitable manner that, which in case of dispute, will be checked by a Legal Court. This conventional fee will consists, maximum, of the balance available and confirmed that the User has in his account at the moment it was frozen.
11. APPLICABLE LAW AND JURISDICTION

These General Conditions follow Spanish law.

COGUAN and the User, with resignation to any other jurisdiction, subjugate to the jurisdiction of the Courts of COGUAN's head office for any controversy which could stem from the provision of the services of these General Conditions.
12. COOKIES

COGUAN uses cookies when a User navigates through the websites and webpages of the Site. Our cookies are associated only with one anonymous User and his or her computer and they do not provide any references which could indicate the name and surname of the User. COGUAN's cookies can not read any data from the User's hard disk nor read other cookie files created by other providers. COGUAN encrypts the identifying data of the User for added security. Thanks to the cookies, COGUAN can recognize registered Users once these have registered for the first time, without them having to register in each visit to access the areas and services reserved exclusively to them. The User can configure the browser to place a warning on the screen when a cookie is received and to prevent or block the installation of cookies on the hard disk. Please consult the instructions and manuals of your browser if you need more information. To use the Site, it is not necessary for the User to allow the installation of the cookies sent by COGUAN, but in such case the User will have to register each time he or she accesses a service that requires a previous registration. .

For any suggestions or collaboration proposals, please send an e-mail to info@coguan.com

Privacy policy and legal conditions of use of COGUAN's web page

Contact

Legal Notice and Privacy Policy.

1. LEGAL NOTICE – www.coguan.com

1.1

1.2

2. Users of www.coguan.com COGUAN

2.1

2.2

2.3

2.4

3. Good practice declaration

3.1

3.2

a.-

b.-

c.-

d.-

3.3

4. Use of the services by under age children

4.1

5. Compliance with the regulation on the Protection of Personal Data

a) Right of information

b) Purpose

c) User's consent

d) Transfer of user's information

e) Access, update, cancellation and opposition rights

f) Observance of the safety measures

6. Electronic communications

6.1

6.2

6.3

6.4

AGREEMENT TO THE LEGAL CONDITIONS

1. LEGAL CONDITIONS OF THE WEBSITE

2. OBJECT

3. CONDITIONS TO ACCESS AND USE THE SITE

3.1. Free access and use of the Site

3.1.1. Coguan AdShare for publishers

3.1.2. Coguan AdShare for advertisers

3.2. Obligation to use the Site and the services correctly

3.3. Means to obtain content

3.4. Correct use of the content

(a)

(b)

(c)

(d)

(e)

3.5. Password use

3.6. Obligation to follow the instructions

3.7. Open Forums

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

3.8. Introduction of hyperlinks which allow access to the webpages of the Site and to the services

(a)

(b)

(c)

(d)

(e)

(f)

3.9. Damage responsibility

3.10. Access limitations to publishers

(a)

(b)

(c)

(d)

(e)

(f)

(g)