Legal Advice

TERMS OF USE OF SAGA WEBSITE

FIRST: ACCEPTANCE AND TERMS OF USE

The use of this website (this “Website“) of SAGA and its affiliates (collectively, “MAXAM“) is governed by these terms of use (“Terms of Use”) and, therefore, any person accessing and/or using this Website (the “User”) must comply with these Terms of Use. The User’s access or use of any part of this Website presumes that the User read and accepted these Terms of Use and constitutes the User’s agreement to abide by these Terms of Use in full. IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL LEAVE THIS WEBSITE IMMEDIATELY. These Terms of Use only confer the User the right to use this Website and do not confer the User any other right, license or authorisation in relation to this Website or any MAXAM goods or services.

MAXAM reserves the right, in its sole discretion and without prior notice, to modify, alter or otherwise update these Terms of Use at any time, and the User’s continued use of this Website constitutes the User’s agreement to be bound by such modifications, alterations or updates.

SECOND: PURPOSE

The purpose of this Website is to allow the User’s access to information and articles (written and graphic documentation, files, photographs, pictures, recordings, software, drawings, designs, graphics, sound files, image files, video, messages, materials, etc) in connection with MAXAM and its goods and services (collectively, "Site Materials").

The Site Materials are provided for general informational purposes only, and are not intended to constitute, and should not be construed as, offer to sell or distribute any goods manufactured and services rendered by MAXAM (collectively, "Products"). Therefore, the User should not consider the Site Materials to be an invitation to enter into any agreement, should not rely on the Site Materials as true and accurate description of any Product for any purpose, and should always contact MAXAM directly to purchase or otherwise acquire any Product. MAXAM expressly disclaims any and all responsibility and liability with respect to actions or omissions based on any Site Materials.

No electronic trading is permitted through this Website.

THIRD: USE OF WEBSITE

Recognizing the global nature of the Internet, the User agrees to comply with all applicable local rules regarding online conduct and acceptable content. The User shall access and use this Website in good faith, according to general customs and public order, and in a diligent, correct and lawful manner that eliminates any damage, impediment or harm to this Website or any third party. The User agrees to comply with all applicable laws regarding the transmission of technical data exported from the home country of the User. MAXAM may deny the User’s access to this Website or any Site Materials, at any time and without prior notice, in the event that the User does not comply with these Terms of Use or fails to provide subscription information to access certain Site Materials.

MAXAM urges all parents and persons supervising children to instruct their children on how to use the Internet in a safe and responsible way. Children should not access this Website or any other MAXAM's website without permission from their parents or the person supervising them. MAXAM does not target its websites to children less than 18 years of age or knowingly collect information from children for the purpose of selling Products.
MAXAM reserves the right to suspend, interrupt, modify, discontinue or terminate this Website, temporarily or permanently, at any time without notice.

In relation to any Product, MAXAM hereby informs and the User acknowledges that: (1) the Site Materials on such Products are not exhaustive and subject to periodic review and variations depending on the conditions of use and maintenance (including external factors such as humidity, temperature and pressure, among others); (2) the manufacture, import, export, storage, transport, distribution, marketing, consumption and use of any Product may be subject to laws, authorisations, permits and licenses of a relevant jurisdiction; (3) the use or operation of any Product may be a potentially dangerous activity and, consequently, must be restricted to qualified and trained personnel or persons in possession of necessary permits and licenses for use of the products and must comply at all times with appropriate safety and risk prevention measures and with applicable laws.

Any email to this Website and any reply thereto do not, in and of itself, create a legal relationship, and a sender must have no expectation whatsoever of confidentiality with regard to any information contained in his or her email(s). The User shall not send any information to this Website that the User wishes to keep confidential.
The User is not permitted to create a link to any part of this Website other than the home page. Any linking permission does not create legal relations between MAXAM and a holder of a webpage or portal which created a link and does not constitute MAXAM’s acknowledgement and acceptance of services and contents offered in such holder’s webpage or portal. MAXAM reserves the right to withdraw a linking permission without notice. Any link shall not frame or reproduce, totally or partially, any part of this Website or create similar visualization images or environments. Any information on the link to this Website must be true, accurate and correct and may not include any declaration that MAXAM authorised, supervised, assumed, accepted or approved such link or any goods, information or services accessible through such link.

MAXAM may provide hyperlinks to a third-party webpage as a convenience to the User. MAXAM does not control a third-party webpage and is not responsible for and makes no representations concerning the content, quality, accuracy, fitness or privacy policy of any hyperlinked third-party webpage or any hyperlink in a hyperlinked site. MAXAM does not endorse, recommend or approve any third-party webpage or contents, services, information and declarations of any third-party webpage hyperlinked from this Website. MAXAM shall have no liability to any person for content or use of a third-party webpage available through such hyperlink.

FOURTH: TREATMENT OF PERSONAL DATA

At MAXAM (MAXAM Outdoors SA and its subsidiaries") we work to guarantee privacy in the processing of your personal data. We have updated our Privacy Policy to clearly inform you of how we collect, use and safeguard the data of people who contact our Organisation:
Data controller
The data subject who provides MAXAM with personal data (the USER) through this online platform or by other means (for example, social networks) is informed that the processing of their data is carried out by:
MAXAM OUTDOORS SA and its subsidiaries (hereinafter “MAXAM”), with Corporate Tax Id (CIF) A-28034254 and registered office in Avenida del Partenón, 16, 28042 Madrid. You can consult the complete list of the companies that make up the Group on www.maxam.net .
Telephone: +34 91 722 01 00
Email: gdpr@maxam.net
4. 1 Purposes of data processing
At MAXAM, the processing of data is carried out for the following purposes, depending on the reason for which they have been provided:
1. To manage the commercial relationship with the customer and associated services, as well as to send commercial communications regarding products or services similar to those initially contracted.
2. To send information about events related to MAXAM.
3. To send MAXAM surveys.
4. To manage, where applicable, the participation of the USER in available promotions, discounts, raffles and competitions.
5. To contact the sender of the information, respond to their application, request or query and manage the publication of queries and comments and conduct a later follow up.
6. To manage, where applicable, the USER registration process on the Online Platform.
7. To carry out, where applicable, the profile of the USER in order to offer him/her contents, products and services in a personalised way.
8. To assess and manage, where applicable, their curriculum vitae for selection processes that adapt to their professional profile and carry out the necessary actions for the selection and recruitment of staff.
4.2 Duration of the data processing
• The data for the management of the relationship with the customer and the invoicing and payment of services will be kept for as long as the contract is in force. Once this relationship has been terminated, the data may be kept for the period of time required by applicable legislation and until the possible liabilities arising from the contract expire.
• The data for the management of queries and requests will be kept for the time necessary to respond to them.
• The data relating to the publication of comments on our products will be kept during the validity and advertising of the products or services to which they refer, unless you express your wish to have them removed at any time.
• The data for participation in competitions, raffles and promotions will be kept for their duration, according to their specific rules, to manage their development and, later, until the possible liabilities arising from their implementation have expired.
• The data to send commercial communications and the preparation of commercial profiles of our products or services will be kept indefinitely until, where applicable, you express your wish to have them deleted.
• Curriculum vitae data for selection processes shall be retained for the period necessary to manage the selection process in question or, in any event, for a period of one year.
4.3 Legitimacy for data processing
• The legal basis for the processing of personal data is to implement the provision of the corresponding services as well as to offer new products or services to our customers. This legitimate interest is recognised by the applicable legal regulations (General Data Protection Regulations), which expressly allow the processing of personal data concerning this legal basis.
• The basis for sending commercial communications to non-customer users is the consent that has been requested and may be revoked at any time. The withdrawal of such consent shall in no case affect the implementation of the contract, but the processing of data for that purpose carried out previously shall not lose their lawfulness as a result of the fact that the consent has been revoked.
• The basis for the processing of the curriculum vitae is the consent given by the applicant to participate in the selection process.
However, the rights of access, rectification, cancellation, opposition to the processing may be exercised by any of the means described in this Policy.
4.4 Data security:
MAXAM guarantees an adequate level of security in relation to the risks presented by the processing and the nature of the data to be protected. Such measures are established for the prevention of any unauthorised disclosure or access, accidental or unlawful destruction or accidental loss or alteration and any other form of unlawful processing.
In the event of international transfers, MAXAM ensures that personal data transferred outside the EU/EEA are adequately protected.
4.5 Third parties:
MAXAM guarantees that the access and transfer of personal data to third parties is carried out in accordance with the applicable laws and regulations and with the appropriate contractual guarantees.
4.6 Communication of your data
Your data may be communicated to the following entities:
• To the companies of the MAXAM Group headed by MaxamCorp Holding, for the purpose of centralized management of our activities and compliance with internal administrative purposes, including the processing of personal customer data. Also, if consent has been given, the data may be transferred to these companies for the purpose of sending commercial communications that may be of interest, taking into account the customer profile.
• To the financial institutions through which the management of collections and payments is made.
• To the competent Public Administrations and Authorities, in the cases provided for in the Law and for the purposes defined therein.
4.7 Rights
• You may exercise your rights of access, rectification, deletion or opposition, as well as any other legally provided for at any time, as well as in the event that your data are no longer necessary for the purposes for which they were collected.
• Likewise, and in certain circumstances, you may request a limitation on the processing of your data, in which case they will only be kept for the purpose of exercising or defending you against possible claims before the Spanish Data Protection Agency.
• To exercise any of these rights, you must send an e-mail to gdpr@maxam.net, indicating 'data protection' as the subject line. In your request, you must indicate the right you wish to exercise and identify yourself accordingly.
• We also inform you that you can file a complaint with the Spanish Data Protection Agency.

FIFTH: WARRANTIES AND LIABILITIES

The User expressly agrees that all Site Materials or Products included in or available on this Website are provided strictly "AS IS" and "AS AVAILABLE" for the User’s access or use without representation or warranty of any kind on behalf of MAXAM or without any liability of MAXAM resulting from the User’s access or use of this Website.

MAXAM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY SITE MATERIALS OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT ANY SITE MATERIALS OR PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT ANY SITE MATERIALS OR PRODUCTS ARE FREE OF VIRUSES, NON-OBVIUOS DANGERS OR OTHER HARMFUL COMPONENTS, OR THAT THE USER WILL ACHIEVE SUCCESSFUL RESULTS UPON FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THIS WEBSITE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Under no circumstances shall MAXAM be liable under any theory of recovery, at law or in equity, for loss, misuse, injury or any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use, lost data, business interruption or lost profits), arising out of or in any manner connected with (i) the use of, or the failure to provide, any Site Materials or Products from this Website; (ii) interference of any third party to a proper operation of this Website, (iii) improper or illegal use of this Website by the User; (iv) failure of security precautions to protect the Personal Data against any loss, misuse or alteration, and (v) linking to this Website or use of such link.
The access and use of this Website or the Site Materials is at the User’s sole and exclusive responsibility. Such responsibility shall include the User’s use of any password or similar encryption to access this Website or any Site Materials. If MAXAM incurs any damage or loss as consequence of the User’s incompliance with these Terms of Use or with any applicable law, the User shall be liable for such damages or losses.

SIXTH: EXPORT CONTROL

All Site Materials or Products are subject to the applicable export and import laws and regulations. Diversion of such Site Materials or Products contrary to the applicable law is prohibited. No Site Materials or Products acquired through the use of this Website may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may they be used for dangerous or hazardous activities, devices or projects, unless specifically authorized by the applicable government for such purposes. The User shall comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

SEVENTH: INTELLECTUAL PROPERTY RIGHTS

The entire content of this Website including the Site Materials are copyright © 1992 - 2018 MAXAM. All rights reserved. The User may not reproduce, store, post, amend, alter or otherwise modify the Site Materials without the written permission of MAXAM. The User shall withhold distributing the Site Materials to general public, unless such distribution is expressly authorised by MAXAM. Any person is authorized to use, copy, and distribute any complete page, or where a document consists of more than one page any complete document, contained on this Website, including related graphics, subject to the following conditions:

 Copying or distributing less than a complete page or (where a document consists of more than one page) the complete document is prohibited;

 The copyright notice of MAXAM or appropriate owners and this permission notice must appear on all copies;

 Use, copying and distribution shall be solely for informational, non-commercial purposes; and

 No graphics elements of any page or document on this Website may be used, copied or distributed separate from the accompanying text.

The MAXAM trademarks contained in this Website are registered and protected by law, and therefore reproduction or use of such trademarks without proper authorisation of the respective trademark owner is strictly prohibited.

If any industrial or intellectual property rights of the User or any third party have been violated in this Website, the affected party must contact MAXAM (MaxamCorp Holding, S.L., Avenida de Partenón 16, Fifth Floor, Campo de las Naciones, 28042 Madrid, Spain), in writing (reference to MAXAM Website), by registered mail and with receipt of delivery, setting out the alleged violation in a clear, precise and detailed manner. Such communication must include details of the affected party (full name, address, e-mail and telephone number), affected party’s or its representative’s authentic signature, any proof of the alleged violation, and express declaration of the affected party confirming the veracity of information provided through such communication.

EIGHTH: UPDATE OF WEBSITE

MAXAM may, in its sole discretion and without prior notice, modify, alter or otherwise update any Site Materials or a structure and design of this Website at any time. Any Site Materials are current as of their date of publication and do not necessarily reflect the present state of matter, and MAXAM is under no obligation to update such Site Materials. The Site Materials may include inaccuracies or errors.

NINTH: COOKIES

If the User registers on this Website and in certain other instances, MAXAM may use "cookies" that are used to store and sometimes track the User’s preferences in order to provide the User with customized and personalized services. A cookie is data sent to the User’s Internet browser from a web server and stored on the User’s computer hard drive. Cookies make a web experience easier by storing passwords and preferences. Cookies are used by most Internet web sites.

The User can adjust his or her browser settings to refuse all cookies or to inform when a cookie is being placed on a hard drive. However, the User’s election not to accept cookies may diminish his or her experience with this Website because of additional time needed to repeatedly enter personal identifying information.

TENTH: APPLICABLE LAW AND JURISDICTION

Any claim with respect to these Terms of Use, the Site Materials or legal notice contained in this Website shall be governed by, and construed in accordance with, the laws in effect in Spain without giving effect to the conflict of law provisions of any jurisdiction.

Any dispute or claim arising out of or in connection with the use of this Website shall be referred to and resolved by the courts of the city of Madrid (Spain). The User irrevocably waives any objection it may have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may have that any such legal action or proceeding has been brought in an inconvenient forum.

ELEVENTH: LEGAL NOTICES

To comply with applicable laws, the following general information is included on this Website with respect to:
MaxamCorp Holding, S.L. -
(i) Corporate address: Avenida de Partenón, 16, 5th Floor, 28042 Madrid, Spain.
(ii) E-mail: general@maxam.net
(iii) Registration information: Madrid Mercantile Register, Volume 22.307, Folio 130, Section 8, Sheet Nº M-398.279, Registration 1.
(iv) Tax Identification Number: B-84598754
Affiliates of MaxamCorp Holding, S.L. -

Please refer to an appropriate link below to a specific affiliate:
http://www.maxam.net/en/maxam_mundo