GENERAL CONDITIONS OF USE

1. Introduction

We welcome you to the portal www.spainify.com (hereinafter, the "Portal") (hereinafter, the "Portal"). Spainify products and services (hereinafter, the "Services") are provided through Company A1 Rendikeskus OÜ, (hereinafter, "Spainify"),  address: Roopa 2/11-7, Tallinn, Estonia, VAT nr 12603206

The use of our Portal implies acceptance and adhesion to the General Conditions of Use, the Specific Conditions of Contract of the Advertising Service and the Specific Conditions applicable to Clients considered professional users (hereinafter and together, the “Conditions of Contract” ), as well as our Privacy Policy. We recommend you read them carefully.

Spainify reserves the right to modify these Contract Conditions in order to adapt them to the current legislation applicable at any time, to common market practices and to changes in the characteristics of the service. 

Our Services are very diverse, so from time to time additional conditions or product requirements (including age restrictions) may apply. Additional terms will be available together with the relevant Services and will form part of the agreement you establish with Spainify when using our services.

2. Definition of the spainify service

The Spainify Service consists of the insertion, by the advertiser, of advertisements on the Portal. Spainify reserves the right to disseminate the Advertiser's Ads on third-party portals, in whole or in part, as well as on other websites, such as social networks or blogs, with the Advertiser accepting this condition.

The advertiser, before publishing the advertisement, must state whether they declare themselves a professional user or a private user. The status of professional or individual (consumer) will imply the application of a legal framework and different business and commercial rules. In order to declare yourself a professional or individual, you must bear in mind that the following will be considered:

• Professional user: if you use Spainify to offer goods or services within the framework of your commercial, business or professional activity.
• Private user (consumer): if you are a natural person and use Spainify in the exercise of exclusively personal or domestic activities.

To insert ads on the Portal, the advertiser must complete the "Publish Ads" form. Once your ad has been inserted, the advertiser will receive a notification confirming the publication of their ad. From that moment on, the data provided by the advertiser will be recorded and will be treated in accordance with our Privacy Policy. The user receives an access key by email. With the email address provided by the advertiser in the ad insertion and the access code, the advertiser can access the "Modify my Ads" area to modify, renew or delete their ads and consult the messages that have arrived in response to the ad. in the form of email.

The advertisement will remain published on the Portal for the period chosen by the advertiser, if it has not been deleted before the end of the period by the advertiser or by Spainify. To republish the deleted ad, or any other, the advertiser must contract a new ad.

3. Use of the portal and its services

The user agrees to use the Portal, its contents and services in accordance with:

• The Law or any other regulations of the applicable legal system
• These Conditions of Use
• Publication Standards
• good manners
• public order

Likewise, the User expressly undertakes not to destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others found on the www.spainify.com portal.

The User undertakes not to hinder the access of other users to the access service through the massive consumption of computer resources through which Spainify provides the service, as well as to carry out actions that damage, interrupt or generate errors in said systems.

The User agrees not to transmit, introduce, disseminate and make available to third parties any type of material and information (programs, viruses, macros, applets, ActiveX controls, data, content, drawings, sound and image files, etc.) that are contrary to the law, public order or that cause or are likely to cause any type of alteration in the computer systems of Spainify or third parties.

The User must advertise in the appropriate category and the location where the product, car, property, job, service or animal is located and commit to:

• Do not incite to act illegally.
• Do not spread defamation, slander, insults and/or content or propaganda of a racist, xenophobic nature, in support of terrorism or that violate human rights.
• Do not state falsehoods or mislead.
• Do not impersonate other users using their access codes to the different services and/or contents of the Portal.
• Do not use fictitious emails to publish ads.
• Do not abuse the "report" system to remove ads without just cause.
• Do not disseminate unsolicited or authorized communications.
• Do not spread messages that violate the dignity of third parties or that are rude or disrespectful
• Do not use robots, spiders, "scrapers" or any other automatic means to access the Portal to copy, remove, renew or publish content without prior written consent from Spainify
• Do not use any multiposting tool that has not been expressly authorized by Spainify. In the event of non-compliance with this rule by the user, the portal may cancel the service without prior notice without refunding the services contracted and not enjoyed.
• Do not store or in any way collect information or personal data from third parties without their consent, including email addresses.
• Do not circumvent, avoid or "skip" the measures used to prevent or restrict access to the Portal.

By contacting an advertiser through an advertisement on the page using the "Send email" form, the interested party agrees to have an email sent to the email address provided as a reminder of said contact.

Spainify reserves the right to block the user's account and/or delete advertisements that do not comply with the conditions of use of the portal in accordance with the advertisement review process provided for in clause 4 of the Specific Conditions of Contract for the Service. Advertisements and other Associated Services. Likewise, Spainify will not be obliged to refund the services contracted by the user and that have not been enjoyed to date.

4. Advertising functionalities in Spainify

From Spainify we can show you advertisements according to the navigation you make through our website. 

Spainify has no obligation to control the advertisements published and, consequently, cannot guarantee that the advertisements comply with current legislation, the advertiser assuming the commitment that any information or data published is correct and complies with the legislation and these Conditions. . Spainify does not assume any responsibility for the advertised advertisements and their contents, data and/or information provided by Users, nor for the contents of external websites to which there are links.

Without prejudice to the foregoing, Spainify reserves the right to withdraw advertisements that violate its Conditions, in accordance with the advertisement review process provided for in clause 4 of the Specific Contract Conditions for the Advertising Service and other Associated Services. In this sense, Users can send complaints, notices about published advertisements or suggestions or proposals regarding the improvement of the different information, activities and/or services contained and/or enabled in Spainify. Specifically, users, Official Organizations and/or Trustworthy Alerters can send notices to Spainify about content that may contravene current legislation using the reporting mechanisms described in clause 12 of these General Conditions of Use (Content Reporting Mechanisms). illicit in the Advertisements).

5. Intellectual and industrial property

Unless authorized by Spainify or unless legally permitted, the user may not copy, modify, distribute, sell, rent or exploit in any other way the contents of the Portal (with the exception of the user's own content). Likewise, the user cannot carry out disassembly or decompilation operations, reverse engineering or any other operation aimed at obtaining any source code contained in this Portal.

By uploading photographs to the Portal, the user freely transfers to Spainify the intellectual property exploitation rights over them, so Spainify may reproduce them, transform them (including, without limitation, the inclusion of watermarks or other mechanisms that prevent the exploitation unauthorized by third parties), distribute and communicate them to the public (including making them available to the public) through any form of exploitation and using any format or support or means of exploitation or communication. Said transfer of rights is not subject to any temporal or territorial limitation, that is, it is carried out for everyone and for the entire duration of their legal validity. Spainify s may exercise the rights to exploit the photographs in the way it deems most appropriate, and may even transmit or assign them exclusively or not to third parties under the terms and conditions it deems appropriate.

The user guarantees that he is the full owner of the rights that are transferred to Spainify under this clause, and that the use and exploitation of the same by Spainify not imply any violation of intellectual property rights, or image rights, or, in general , of no other kind, that correspond to any third party, being obliged to indemnify and hold Spainify harmless in the event of infringement.

6. Exclusion of guarantees and liability

6.1. Availability and Continuity of the Portal and Services

Spainify does not guarantee the availability, access and/or continuity of operation of the Portal and its Services. Likewise, Spainify will not be responsible, within the limits established by Law, for damages caused to the User as a result of unavailability, access failures and lack of continuity of the Portal and its Services.

6.2. Spainify Contents and Services

Spainify will be solely and exclusively responsible for the Services it provides itself and for the content directly originated by Spainify and identified with its copyright. Such liability will be excluded in cases where force majeure occurs or in cases where the configuration of the User's equipment is not adequate to allow the correct use of the Internet services provided by Spainify.

Without prejudice to the provisions, the possible liability of Spainify towards the user or towards third parties is limited to the highest of the following amounts: (a) the total price that the user has paid to Spainify during the twelve months prior to the act that caused the liability, or (b) the amount of one hundred (100) euros, excluding, in any case, any type of liability for indirect damages or loss of profits.

The Portal is not responsible for the possible appearance of advertisements indexed in search engines outside the portal, once they have been removed from our databases.

6.3. Third-party content and services

Spainify does not previously review or control, approve or make its own the contents, products, services, opinions, communications, data, files and any type of information of third parties collected on the Portal. Likewise, it does not guarantee the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the content, information and services of third parties on the Portal. Spainify also does not guarantee in any way that the Users of the Portal or, therefore, the UsersPRO, use the contents and/or services thereof in accordance with the law, applicable regulations, public order or these Conditions of Use.

Spainify does not control in advance and does not guarantee the absence of viruses and other elements in the content and services provided by third parties through the Portal that may introduce alterations in the access equipment, documents or files stored therein.

Spainify s is not responsible for the contents uploaded or the acts committed by other users. Nor is it responsible for any damage or harm as a result of the presence of viruses or other elements in the content and services provided by third parties. Likewise, Spainify will not be liable for damages of any kind arising from the negligent or malicious use of the email accounts used to insert an advertisement or respond to an advertisement.

Within the framework of the above, Spainify will not be liable, directly, indirectly, or subsidiarily for damages, whatever their nature, that may arise as a result of the lack of truthfulness about the identity of the Users, and/or the lack of veracity of the advertisement published on the Portal by Users and/or the quality of the products and/or services offered or published on the Portal by Users. ( and/or the presence of viruses or other harmful codes in the content published by Users through the Portal.

In any case Spainify will not be responsible, either indirectly or subsidiarily, for economic loss or reputation, or for any kind of special, indirect or consequential damages, resulting from the use of the website by the User .

The exoneration of liability indicated in the previous paragraph will apply in the event that Spainify does not have effective knowledge that the activity or information stored is illegal or that it damages property or rights of a third party susceptible to compensation, or if they have knowledge. act diligently to remove data and content or make access to them impossible.

Without prejudice to the provisions above, the possible liability of Spainify towards the User or towards third parties is limited to the highest of the following amounts: (a) the total price that the User has paid to Spainify during the twelve months prior to the act that gave rise to the liability, or (b) the amount of one hundred (100) euros.

7. Hiring of services linked to the advertisement

The contracting of the "automatic renewal" service linked to an advertisement published on the Portal will only produce effects DURING the period of validity of the advertisement, not assuming in any case an extension in its validity due to the completion of its publication, nor due to active elimination. of the advertisement.

8. Contracting with third parties through the portal

The User acknowledges and accepts that any contractual or extra-contractual relationship formalized with advertisers or third parties contacted through the Portal, as well as their participation in contests, promotions, purchase and sale of goods or services, are understood to be carried out solely and exclusively between the User and the advertiser and/or third party. The User therefore accepts that Spainify has no type of responsibility for damages or losses of any nature caused by their negotiations, conversations and/or contractual or extra-contractual relationships with advertisers or third parties, natural or legal persons contacted through the Portal.

9. Text links and graphic links

The Portal makes available to its clients technical text link devices and/or graphic links that allow users to access web pages owned by other entities. These links are duly marked as advertising on the Portal.

The previously authorized client acknowledges and accepts that the use of the contents of the linked web pages will be under their exclusive risk and responsibility and exonerates Spainify from any responsibility for the technical availability of the linked web pages, the quality, reliability, accuracy and /or veracity of the services, information, elements and/or contents that the user can access therein.

Spainify will not be liable indirectly or subsidiarily for damages of any kind derived from a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages; b) the lack of maintenance and updating of the contents and services contained in the linked web pages; c) the lack of quality, inaccuracy, illegality, uselessness of the contents and services of the linked web pages.

10. Main classification parameters of search results and recommendation systems.

Advertisements are classified based on their publication date, that is, based on the chronological order of entry into the Portal.

Likewise, the ads are classified taking into account the search criteria and the filters that, if applicable, you have selected. Through the filtering tools, the Portal allows the interested party to carry out a selective search according to the selected parameters. These parameters are visible and freely selected by the user performing the search.

When creating the list of ads and their ordering, we take into account, in addition to your specific search, other factors. These are the main factors:

• The date of publication and/or renewal thereof.
• That the ad contains the keywords that have been searched.
• That the ad fits the filters used in the search.
• The location of the advertisement.
• That the price of the advertised product or service fits the category of the advertisement.
• Ads that have paid to appear as a “featured” ad have priority.
• That the ad can be adjusted to your interests based on personalization and your previous searches, as long as you have authorized us to do so.

Spainify will carry out a periodic update of any changes that may occur in the classification criteria or due to the guidelines that the European Commission publishes in this regard.

12. Right to limit or terminate the service in Spainify

Spainify reserves the right, exercisable at any time and at its discretion, to reject any advertisement or commitment to place an advertisement in a specific category or location. Spainify also reserves the right to eliminate any advertisement from the Portal that contravenes the Contract Conditions or that is contrary to current legislation. The elimination process will be carried out in accordance with the procedure according to the Ad review procedure, restrictions against the Advertiser and its Ads and recourse measures provided for in the particular conditions of contracting the advertising service and other associated services.

Spainify may deny or terminate your service and take technical and legal measures to keep users away from the Portal if we believe that they are creating problems or acting contrary to the spirit or form of our rules and conditions of use, all with independence of any payment made for the use of the Portal or complementary services. However, whether or not we decide to remove a user's access to the website, we do not accept any responsibility for any unauthorized or unlawful use of the website by users as described in the paragraphs above.

The user is informed that we can terminate the contract at any time and cancel their account in case of prolonged inactivity; That is, if you do not log in for three years or more, the account may be permanently deleted, with prior notice to the user.

The powers of Spainify described in this point will be notified to the professional user advertiser, in accordance with the provisions of the Specific Conditions applicable to Clients considered professional users, in order to enable the use of Spainify 's internal claims and mediation channel.

14. Compensation for abusive use

Spainify reserves the right, exercisable at any time, to charge compensation of one euro or its equivalent in credits for each advertisement that it is forced to remove from the portal as a result of contravening these Conditions of Use or Publication Rules. Spainify may also collect said compensation, compensating with credits that the offender has acquired. Both the final advertiser and third parties or companies that facilitate the abusive use of the services with their help may be required to pay this compensation.

15. Various

15.1. Modifications to the Service and Conditions of Use

Spainify reserves the right to make changes to the Portal, and may modify, delete and include, unilaterally and without prior notice, new content as well as the way in which it is presented and located.

Likewise, Spainify reserves the right to make changes to the Contract Conditions at any time.

If any of these conditions is invalid, void or unenforceable for any reason, that condition will be severed and will not affect the validity or applicability of the remaining conditions.

Modifications that occur in the Contract Conditions, or in relevant technical aspects, when they affect users or professional Clients, will be notified at least 30 days in advance. In the event that the modifications imply the need for such professional users to make technical changes or adjustments, the notification period may be longer.

15.2. Service Prices

The prices of the services will be established on the corresponding pages of the Portal for each service and will be valid for as long as they remain accessible to the User. After launching the Portal, all customers get 100days free subscription for all categories they choose. The date when this campaign ends will be notified in marketing channel like Facebook and Instagram.

15.3. Minors

The use of the Portal Services is prohibited for minors under 18 years of age. Only in those cases in which it is expressly indicated, minors under 18 years of age may use the Service as long as they have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Portal. for the minors in their care.

16. Duration and termination

The provision of the services and/or contents of the Portal has an indefinite duration.

Without prejudice to the foregoing, and in addition to the legally established causes, Spainify is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service and the Portal and/or any of the services.

The powers of Spainify described in this point will be notified to the professional user advertiser, in accordance with the provisions of the Specific Conditions applicable to Clients considered “professional user”, in order to enable the use of Spainify's internal claims and mediation channel.

17. Jurisdiction

The applicable law in the event of a dispute or conflict of interpretation of the terms that make up these Conditions of Use, as well as any issue related to the Portal services, will be Spanish law.

For the resolution of any controversy that may arise due to the use of the Portal and its services, the parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), and their hierarchical superiors, expressly waiving others. jurisdictions if they had them and were different from those reviewed.

SPECIAL CONDITIONS FOR CONTRACTING THE ADVERTISING SERVICE AND OTHER ASSOCIATED SERVICES

1. Specific contract conditions

1. The purpose of this section is to establish the Specific Contracting Conditions of the Advertising Service and the other Associated Services (hereinafter, the Service) provided by Spainify.

2. The use and contracting of the Service implies and expresses the Advertiser's adhesion and express acceptance of these Specific Conditions of Contracting of the Advertising Service and other Associated Services, as well as the General Conditions of Use of the Portal.

In the event that the Advertiser is a “Professional User”, the Specific Conditions described below will also apply (Specific Conditions applicable to clients considered professional users).

The Specific Conditions of Contract for the Advertising Service and other Associated Services, the General Conditions of Use of the Portal and the Specific Conditions applicable to clients considered professional users constitute the General Conditions that will govern the formalized relationship between the Advertiser and Adevinta Spain.

3. In the event of a Discrepancy between the General Conditions of Use of the Portal and the Specific Contracting Conditions of the Advertising Service and other Associated Services, the provisions of the latter will apply.

2. Ad serving rules

As a basic rule, and as specified in the Spainify Conditions of Use, advertisements must respect the laws and any other regulations of the applicable legal system, good customs and public order.

Furthermore, advertisers must respect the General Publication Rules as well as the Specific Rules of the Category in which a given advertisement is published.

It is important to note that the rules are updated frequently and therefore change over time. Spainify reserves the right to decide when an advertisement goes against the rules and spirit of the Portal and, therefore, when it is necessary to remove it from the site. Any advertisement or user that does not comply with the Conditions of Use or the Publishing Rules will be removed and blocked from the page, according to the Ad Review process, restrictions against the Advertiser and the Advertiser's Ads and recourse measures described.

As a general rule, any use of Spainify that harms or bothers other users who use the portal will be understood as unacceptable.

The powers of Spainify described in this point will be notified to the professional user advertiser, in accordance with the provisions of the Specific Conditions applicable to Clients considered “professional user”, in order to enable the use of Spainify's internal claims and mediation channel.

2.1. General publication rules

1. It is necessary to complete all required fields of the POST AD form.
2. The categories and sections must be respected.
3. It is not allowed to publish an advertisement identical or similar to another already published.
4. It is not allowed to use fictitious emails to publish an ad.
5. It is not allowed to write the advertisement in capital letters.
6. Ad serving services are not permitted.
7. It is not allowed to advertise something generic.
8. It is not allowed to use keywords not related to the advertisement ("Keyword Spamming").
9. It is not permitted to use systems or tools for the massive and/or automatic publication or renewal of advertisements, without the prior written consent of Spainify.
10. It is not permitted to copy, process or distribute the text and/or photos or images of third parties without their prior authorization.
11. It is not permitted to include the phone number or email outside the fields explicitly provided for including this information or URL in the name field of the POST AD form.
12. It is not allowed to publish ads with erotic, sexual or pornographic content.
13. Posting advertisements for firearms is not permitted.
14. In advertisements valid for all of Spain, the location where the is located must be indicated.
15. The  nationality of the service provider is not obligatory, but we kindly suggest to fill it for the correct search feachers.
16. It is not permitted to publish advertisements that promote businesses that may in any way be competitors of Spainify.
17. In general terms, and in accordance with Organic Law 10/2022, which comprehensively guarantees sexual freedom, the publication of advertisements that violate the dignity of people or violate rights recognized in the Spanish Constitution as well as the rights internationally recognized humans. In this sense, it is prohibited (by way of indication but not limited to) the publication of advertisements that: implicitly or explicitly carry messages, conduct and/or services that are discriminatory or may have a discriminatory nature against a group of people and/or or collective due to their race, sex, religion or any other personal or social circumstance; (ii) use gender stereotypes that encourage or normalize sexual violence against women and/or present women in a humiliating manner, either specifically and directly using their body or parts of it as a mere object unrelated to the product that is intended to be promoted. , or using their image associated with stereotypical behaviors; (iii) promote prostitution; (iv) contribute to generating sexual violence or discrimination in any of its manifestations against minors; and/or (v) promote stereotypes of a sexist, racist, aesthetic, homophobic, transphobic nature or for reasons of disability.

3.5.5. Payment service

1. Spainify provides for users with an alternative payment service.
2. Specifically, the payment service provider is the Stripe platform . 
3. The Professional User must provide a credit card and/or bank account (IBAN), as the case may be, using the enabled forms. 
4. Stripe is the financial services provider company, which processes the payment made by the buyer to the seller to execute the transaction agreed upon between them. Stripe, through an electronic payment service in a secure environment, deposits the money contributed by the buyer as payment for the purchase.
5. Once the transaction is successfully executed, the Professional User can publish the advertisement.

3.5.10. Processing of personal data.

1. The use of the Spainify  service gives rise to certain processing of personal data of users, who wish to benefit from it. The information regarding the different data processing carried out regarding the Spainify service can be consulted by accessing the Privacy Policy .
2. Likewise, the use of the Spainify service implies that different entities proceed to process personal data of advertisers, as will be explained below. Spainify has a delimited scope of responsibility in this section, not acting as data controller in all data processing that the use of Spainify implies.
3. In any case, Spainify guarantees full compliance and at the same time makes reasonable efforts to ensure that the different actors who process data in the execution of the Spainify service comply with the provisions contained in Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and repealing Directive 95/46/EC (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), as well as any current regulations on data protection that may be applicable.

3.5.11. Applicable law, jurisdiction and competence.

1. The applicable law in the event of a dispute or conflict of interpretation of the terms that make up these Conditions of Use, as well as any matter related to the Spainify service, will be Spanish law.

2. To resolve any controversy that may arise with Spainify during the use of the Service, the parties agree to submit to the jurisdiction of the following Courts and Tribunals, depending on the status of the user:

• In the case of professional users : they agree to submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving other jurisdictions if they have them and are different from those outlined.
• In the case of users considered consumers and users : they agree to submit to the Courts and Tribunals of the place of their domicile, in accordance with the applicable regulations. \

3. In the event of a dispute between users, buyers and sellers, they will have to resolve their disputes in accordance with the legislation in force in the Spanish State, without in any case Spainify taking part in said dispute, nor can it be held further responsible. beyond the provisions of these conditions of use and its responsibilities derived from applicable legislation. \

4. In application of the consumer regulations applicable in the Spain State, buyers who are considered consumers and users are expressly warned that when they execute a transaction with a seller who is not considered a professional user, it will not be consumer regulations apply to said transaction, so that it will be governed by the provisions of the Spanish Civil Code.

4. Review of Ads, restrictions against the Advertiser and its Ads and recourse measures

4.1. Ad Review

Spainify is not obliged to previously review the content of any Advertisement, and any review or approval carried out by Spainify should not be understood as acceptance that said Advertisement complies with the terms of the General Conditions.

However, Spainify reserves the right to use, at its discretion, both manual and automatic moderation mechanisms in order to detect content considered illegal or contrary to the General Conditions. In this sense, Spainify uses automatic filters to detect illicit content, reinforced by a group of specialists who review the content manually.

If Spainify receives a notification from any natural person, entity or reliable whistleblower, as well as any order issued by a national judicial or administrative authority regarding an Advertisement with illegal content, it will act on it and review the reported Advertisement. After carrying out the appropriate checks, Spainify may impose on the Advertiser the measures detailed in section 7.2 below.

4.2. Restrictions against the Advertiser and its Advertisements

In general, Spainify reserves the right to reject the publication of any Ad, the insertion order of ads, or placement commitment.

If an Advertisement has illegal content or is incompatible with any of the General Conditions, Spainify reserves the right to impose any of the following restrictions on the Advertiser (professional or individual):

• Restricting the visibility of the Advertisement, including its removal from the Portal, blocking access to it or relegating its positioning;
• The suspension, cessation or other restriction of monetary payments derived from the Advertisement (if any);
• The total or partial suspension or cessation of the provision of the Ad publication service;
• The suspension or deletion of the Advertiser's user account;
• Permanent blocking of the Advertiser.

The taking by Adevinta Spain of any of the measures described will be notified to the Advertiser.

4.3. Resource measures

Against decisions taken regarding an Advertisement or the Advertiser, Spainify makes the recourse measures described below available to users.

4.3.1. Extrajudicial litigation system

Without prejudice to the internal claims processing system described in the previous section, those affected have the right to choose any extrajudicial resolution body certified in the Digital Services Regulation to resolve disputes related to those decisions, including claims that have not been resolved through the internal claims processing system mentioned in said article.

Adevinta Spain and those affected will collaborate, in good faith, with the selected and certified extrajudicial dispute resolution body in order to resolve the dispute. Adevinta Spain may refuse to collaborate with the extrajudicial dispute resolution body if it has already resolved a dispute relating to the same information and the same reasons for the alleged illegality of the Advertisement or incompatibility with these General Conditions. The certified extrajudicial dispute resolution body will not have the power to impose a binding dispute resolution on the parties.

This section must be understood without prejudice to the right of those affected to file an appeal, at any stage, against the decision taken by Spainify before a court in accordance with the applicable law.

4.3.2. Online Dispute Resolution System (RLL)

In addition to the extrajudicial litigation system mentioned in section 4.3.2 above, those affected may make use of the Online Dispute Resolution System (RLL) provided for in clause 10 (Alternative dispute resolution) of these Specific Contracting Conditions of the advertisement service.

5. Alternative dispute resolution

In the event of an online consumer dispute, regarding the Service provided by Adevinta Spain, the User, as a consumer, may resort to an Online Dispute Resolution (ODR) system, on the Online Dispute Resolution (ODR) platform of the European Commission. , with powers to resolve disputes related to contractual obligations resulting from sales contracts or online services.

The User thus has a single portal in which they can register their claims and follow their progress. The platform guarantees all steps for the resolution of disputes, from the introduction by the consumer, through intercommunication with the Alternative Dispute Resolution (RAL) entities and ending with the information to the parties involved.

SPECIFIC CONDITIONS APPLICABLE TO CUSTOMERS CONSIDERED PROFESSIONAL USERS

1. Scope of application.

This section will apply solely and exclusively to those users or clients who are considered “professional users”, in accordance with the provisions of article 2, section 1) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for professional users of online intermediation services (hereinafter the “Regulation (EU)”), in cases where there is a contractual relationship between the professional user and Spainify.

In accordance with the above, “professional user” will be understood as any individual who acts within the framework of a commercial or professional activity or any legal entity that offers goods or services to consumers through Spainify services for purposes related to their trade. , business, trade or profession. From now on, this will be designated as Client or professional user without distinction.

Thus, these Specific Conditions will apply to those professional users who make use of the advertisement publication service of the Spainify Portal, their content being additional to the rest of the conditions contained in this document that are applicable in each case.

The regulations contained in this section of Specific Conditions must be interpreted together with the other regulations contained in this document. In case of contradiction in certain aspects between these Specific Conditions and the others contained in this document, the specific ones will prevail. In case of contradiction of these Specific Conditions with the rest of the applicable legal terms and conditions, what is determined in these Specific Conditions will prevail.

2. Causes for suspension, restriction and disabling of the Services.

Spainify informs Clients that, in certain cases, the Services contracted by the Client may be suspended, restricted and disabled.

Spainify reserves the right to suspend or restrict Customer Services:

Temporarily for security reasons, or due to restructuring of Spainify ' IT resources in order to improve their provision or configuration. In any case Spainify will make its maximum efforts so that such interruptions affect the Client in a minimal way.

In case of non-compliance with the payment obligation by the Client related to the Services. Spainify reserves the right to suspend the Services, giving a period of ten (10) days from notification of non-payment so that the Client can regularize the situation. Otherwise, the provisions established in the section “Causes for early termination of the Service Contract” present in these Specific Conditions will apply.

If the Client fails to comply with the publication rules described in the “publication rules” section of this document (See the publication rules). In this case, Spainify will contact the Client in writing to inform them of this situation, and will be given a maximum period of forty-eight (48) hours to rectify it. After this period has elapsed without it having been corrected, Spainify will disable the Spainify.com  advertisement.

If an advertisement published by the Client is reported by other Clients or third parties for being considered fraudulent and/or having caused direct harm to users. In this case, the Portal advertisement will be disabled and subsequently communicated to the Client. Spainify will offer the Client the opportunity to clarify the facts and circumstances that motivated the decision to disable the advertisement.

The suspension or restriction of the Services means that the Client will be unable to access the content generated in Spainify while the suspension lasts. In the event that the Client regularizes its situation, the Client may access said content again once the cause that gave rise to the suspension for its activation has been corrected and, where appropriate, may proceed to publish the advertisement. This must generate all the content again in the Spainify Portal.

Prior and/or simultaneous notification. Regardless of the reason that gives rise to the suspension of the Service, Spainify will send a written communication to the Client indicating the reasons why the suspension has been carried out. Communication may be carried out through the email provided by the Client or through any means that is considered durable support.

The suspension or restriction of the Services or the withdrawal of advertisements for these reasons will not generate a right of compensation or remuneration in favor of the Client.

In all cases of temporary suspension and disabling, the professional user may go to the conflict and claims resolution system enabled by Spainify to manage possible claims and discrepancies that may arise between Spainify and the professional user during the term of the contracted Services. You can consult more information about said channel and alternative dispute resolution system by going to the section “Internal claims processing and mediation system” contained in these Specific Conditions.

3. Causes for early termination of the Service Contract.

Spainify informs Clients that, in certain cases, the Service Contract signed with the Client may be terminated early.

The following cases will be causes for early termination of the Contract:

• The failure of the Client to pay any amount due to Spainify, under this Contract.
• In case of repeated non-compliance with the Portal's publication rules.
• And, in general, any of the parties may terminate this Contract with 30 calendar days in advance, by means of written notification to the other party in the event of serious breach by the other party of any of the obligations provided for in the Contract, always that during said period the non-compliant party has not corrected such non-compliance. Communication may be carried out through the email provided by the Client or through any means that is considered durable support.
• Early and unilateral resolution by any of the parties, at any time and without giving any reason, with 30 days' notice.

In the event of early termination of the Contract by the Client due to serious non-compliance by Spainify, the Client will have the right to a refund of the proportional part of the consideration paid by the Client in advance.

The termination of the Contract does not extinguish or modify the rights and obligations of the Parties that arose prior to the termination. In particular, the invoices issued or pending to be issued for the Services provided by Spainify until the effective date of the resolution will be considered expired and therefore payable, together with the corresponding taxes according to the current regulations that are applicable, since the resolution be effective.

Notwithstanding the foregoing, all those clauses that may be applicable, even after the Contract has been terminated, will survive termination.

4. Consequences derived from the termination of the Service Contract.

In the event of cancellation of the Service, Spainify will proceed to definitively delete all content generated by the Client from its database.

In the event that the cancellation of the Service has occurred by decision of Spainify for a reason attributable to the Client (by way of example but not limited to, due to non-payment or repeated non-compliance with Spainify  publication rules), Spainify makes available to the Client a period of ten (10) calendar days to clarify the facts that have caused the suspension of the Service and consequent termination of the Contract. In the event that Spainify accepts the Client's allegations, Spainify will once again grant access to the content generated by the Client. To this end, the professional user may go to the conflict and claims resolution system enabled by Spainify to manage possible claims and discrepancies that may arise between Spainify  and the professional user during the term of the contracted Services. You can consult more information about said channel and alternative dispute resolution system by going to the section “Internal system for processing claims and Mediation” contained in these Specific Conditions.

Likewise, the Client acknowledges that they will lose the discounts that have been applied to them if, after requesting cancellation, they request, within the following 180 days, a new registration of all or any of the services that they had contracted prior to said cancellation.

5. Ad classification criteria and differentiated treatment.

Advertisements are classified based on their publication date, that is, based on the chronological order of entry into the Portal.

Likewise, through the filtering tools the Portal allows the interested party to carry out a selective search according to the selected parameters. These parameters are visible and freely selected by the user performing the search.

Likewise, there are services that the Client can contract on a paid basis, which allow the advertisement to be highlighted, improving the visibility of the advertisement.

The main parameters that govern the classification of the Content published on Spainify will be remunerated in nature, and are included in the description of the Service and contracted product, detailed in the Service Sheet. The type of service as well as the quality and quantity of the information that the Client includes in the advertisements can determine the positioning of the publication.

Spainify s will carry out a periodic update of any changes that may occur in the classification criteria or due to the guidelines that the European Commission publishes in this regard.

6. Characteristics and operation of the internal claims processing and Mediation system.

6.1. Characteristics and operation of the internal claims processing system

In line with the principles of transparency and equal treatment applicable to equivalent situations, Spainify has a free Internal Claims Processing System to ensure that, if a claim is received, it is resolved within a reasonable period of time.

The Client may submit claims in relation to any of the following issues:

1. In the event that Spainify has allegedly failed to comply with any obligation established in Regulation (EU) 2019/1150 of the European Parliament and of the Council of June 20, 2019 on the promotion of fairness and transparency for professional users of security services online intermediation that affects the Client. 2. In case of technological problems that are directly related to the provision of the Services and that affect the Client. 3. In the case of specific measures or conduct by Spainify that are directly linked to the provision of the Services and that affect the Client. That is, in those cases in which Spainify proceeds to temporarily suspend, restrict or disable the Service, as well as in cases of early termination of the Service Contract signed with the Client. 4. In the event that the measures described in section c) above are taken because the Client's Ads contain illegal content or are contrary to these General Conditions, the Client will have a period of six (6) months from the notification by Adevinta Spain to file a claim opposing said decision. To this end, Adevinta Spain makes available to Clients the recourse systems described in clause 8 (Review of Ads, restrictions against the Advertiser and its Ads and recourse measures) of the Specific Conditions for contracting the advertising service.

Spainify will evaluate the claims presented without undue delay taking into account the importance and complexity of the problem raised, communicating to the claimant the result of the internal processing of the claim, individually and in understandable language.

During the processing of the claim, Spainify may maintain the decision it had made regarding the provision of Services contracted by the Client, and both Spainify and the Client will have the right to initiate a judicial process at any time during or after the internal processing procedure. of the claim.

To understand the main types of problems that may arise in the framework of the provision of the Services, on the Spainify website, you can find information on the operation and effectiveness of the Spainify internal complaints processing system, as well as on the possibility of reaching a rapid and effective bilateral resolution.

Claims made in the system described in this section will be studied and resolved by a Committee created for this purpose. Said Committee will be made up of Customer Service personnel who can provide additional information in case of previous relations with the client regarding the claim, by the Legal department of Spainify, as well as by external advice provided by an independent external third party.

The provisions of this section do not displace the option available to the Client to contact the Customer Service for possible incidents, complaints or other considerations that may be appropriate during the validity of the commercial relationship.

Spainify periodically carries out an analysis of the claims management systems and will publish aggregate information related to the claims processed.

7. Information regarding the processing and access of Client data and those generated by the Spainify Portal.

1. Spainify has access to the personal data provided by the professional user as well as the other users of the Portal in accordance with the purposes of the service. To do this, you can access its Privacy Policy.

In this sense, Spainify will have access to the data of professional users and other users provided in the Portal forms.

Likewise, we inform you that the Spainify Portal proceeds to generate data (not of a personal nature) but rather anonymized and aggregated information related to the interactions that professional users and other users carry out on the Spainify Portal, as well as data derived of the interactions carried out between both within the Portal. That is, the Portal generates metrics, statistics, and aggregate information about visited ads or sections, always in an anonymized manner.

Said data is structured by Spainify and stored on its servers for the purposes of analyzing the operation of the Portal, and is considered a business secret in accordance with Law 1/2019, of February 20, on Business Secrets.

2. The Client who advertises his professional services on the Portal will have access to data (both personal and non-personal) collected and generated by the Portal itself derived from the interactions that other users make with the Client's advertisements.

In this way, the Client will be able to know information generated by the Portal in relation to the advertisements that have been published using their professional profile. Specifically, the Client will be able to know: (i) Title and description of the advertised good or service; (ii) reference number of the published advertisement; (iii) Date on which the advertisement is published or, where applicable, the renewal date of the advertisement, (iv) Location in which the advertisement is listed, (v) The user interested in the advertisement cannot access the email, telephone or address of the client, unless the Client decides to publish or inform it. Likewise, the Buyer, through the contact form, can include in the content of the form the data it considers, but the Client does not have access by default to this information of the interested party, (vi) Number of times the advertisement has been listed, (vii ) Number of times the ad has been added to favorites or shared.

Access to the data generated by the use of the Portal Services will be accessible to the Client in their Professional Client menu.

The Client will not have access to data (both personal and non-personal) generated by the Portal as a result of the interactions of other Clients and users who visit their advertisements except for those indicated above.

At the same time, the Client will also have access to certain personal data, both provided by themselves and those eventually provided by other users who interact with their advertisements. Specifically:

Client's own data: the Client will be able to access their identification and contact information provided during registration by accessing the "Modify my Ads" section through the menu: In this section, they will be able to modify or update them, as well as save the changes to their profile. of advertiser.

Data of other users: the Client may access the personal data that other users who interact with their advertisements decide to provide in the contact forms enabled on the page of each advertisement.

Specifically, you will be able to access the name, email, telephone number and other data provided in the “Message” field that users decide to provide to the Client if they use the “Send an email” functionality.

Spainify informs the Client that it will be responsible for the proper processing of all personal data provided by users who interact with it through their advertisements published on the Portal. In this way, the Client knows and accepts the personal requirements imposed by current legislation regarding the protection of personal data.

3. Spainify does not transfer data from Clients or other users to third parties, unless said transfer is necessary for the correct functioning of the Portal and its functionalities, as well as necessary for the provision of the Service contracted by the Client.

For example, Spainify may transfer your data (personal or non-personal) to providers that provide services to the Portal such as: content hosting services, instant messaging, sending notifications and advertising services, courier companies when applicable, as well as to the competent authorities when there is a legal obligation.