LEGAL NOTICE AND TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. DEFINITIONS

a) Personal Data: any information about a User from which his identity can be determined, directly or indirectly, in particular by means of an identifier (for example, a name, an identification number, location data, or an online identifier); or one or more elements of the physical, physiological, genetic, psychic, economic, cultural or social identity of that natural person.

b) Company: European Digital Securities Exchange, S.L., with N.I.F.: B88474713

c) Terms and Conditions of Use: these terms and conditions of use.

d) User: any person who accesses and browses the Web and, where appropriate, uses the services provided by the Company through the Web. In any case, in order to use the services provided by the Society through the Web you must be older than 18 years old.

e) Web: Company’s website: https://portfolio.exchange/

 

2. IDENTIFICATION DATA OF THE OWNER OF THE WEBSITE

In compliance with the provisions of Article 10 of Law 34/2002 of 11 July, on services of the information society and electronic commerce, it is reported that the owner of the website is the Company, with address at Calle Joaquin Turina 2, staircase 1, 1st floor, door 11, 28224, Pozuelo de Alarcón, registered in the Mercantile Registry of Madrid, volume 39634, page 8, sheet M-703427, 1st registration.

For any questions regarding the Terms and Conditions of Use or other matters, you may contact the Company by writing to the postal address above, for the attention of the Regulatory Compliance Department, or through the following e-mail address: dpo@portfolio.exchange

 

3. PURPOSE AND SCOPE

The present conditions have the purpose of regulating the terms and conditions applicable to the access, use and navigation of the Company’s website, as well as the responsibility derived from the use of the same.

These General Conditions shall be applicable to all Users who access and browse the Company’s website and, where applicable, use the services provided by the Company through the website. In this respect, the access and navigation through the Website implies that the User knows and accepts the Terms and Conditions of Use in the way they are written at any time. It will therefore be the responsibility of the User to know the content of the same at all times.

In case of discrepancy between the content of the Terms and Conditions of Use, and the content of the specific terms and conditions approved by the Company to regulate its services, the content of such specific terms and conditions will prevail.

 

4. CONDITIONS OF USE

The User will use the Website in accordance with the Terms and Conditions of Use and, in any case, in accordance with good faith and applicable regulations, refraining from any illegal use.

Any improper or fraudulent use of the Website, the violation of intellectual and industrial property rights or any other rights as provided in the Terms and Conditions of Use, or the use of the Website contrary to the Terms and Conditions of Use, good faith, or applicable regulations, may be prosecuted by the Company through the exercise of the legal actions that correspond to it.

 

5. CONTENT OF THE WEB

The Company makes the content of the Website available to the User for purely informative purposes, therefore, said content does not in any case imply personalized recommendations by the Company to carry out any type of transaction or investment on the financial instruments available on the Website, and the Company does not provide an investment advice service.

Consequently, it is the User’s responsibility to obtain adequate information and professional advice on the risks associated with the performance of any transaction or investment in the financial instruments available on the Website. The Company will not assume any responsibility for the consequences derived from any investment decision of the User or from the operations carried out by the User through the Website.

 

6. THIRD PARTY LINKS

A. Links to third party websites
The Website may contain links to third party websites for the convenience of the User. In this regard, the Company does not assume any responsibility for the content of such websites, nor does it verify and control them. Nor does the Company assume any responsibility for the unavailability of access to such websites. In the event that such links redirect to services provided by such third parties, the Company does not assume any kind of responsibility for such services and, specifically, for the terms and conditions applicable to them. The User must read and, where appropriate, accept these terms and conditions under his own responsibility, as well as, where appropriate, the privacy and cookie policy of these websites.

B. Third party links to the Web
Any third party wishing to establish a link to the Society’s website must contact the Society to obtain its prior authorization.

 

7. INFORMATION PROVIDED BY THIRD PARTIES

The website contains information provided by third parties other than the Company. In this sense, the Society does not assume any responsibility for the veracity and accuracy of such information and for the possible damages that the User could suffer from the use of such information. The User shall be responsible for checking the truthfulness and accuracy of the information and for any consequences that may arise from its use.

 

8. MODIFICATIONS

The Society reserves the right to unilaterally modify, at any time, and without prior notice, the content of the Terms and Conditions of Use.

The Society reserves the right to modify unilaterally, at any time, and without previous notice, the content, appearance and design of the Web, being able to incorporate, modify or suppress information or services, including the form in which these appear visible in the Web.

The Company may unilaterally restrict or suppress access to the website at any time and for any reason it deems appropriate.

 

9. INTELLECTUAL AND INDUSTRIAL PROPERTY AND TRADEMARKS

The Company is the owner of the brands and trade names referred to on the Web, and any intellectual property rights, industrial or otherwise on the Web, and its content, appearance and design is the exclusive property of the Company, except in the case of content accessible through the Web that are owned by third parties. The use of the Web by the User does not imply any type of cession of such rights on the part of the Society.

The User is authorized to view the content of the Website for his/her personal use. In this respect, the distribution, reproduction, public communication or any similar action of part or all of the contents of the website is prohibited, unless expressly authorized by the Company.

 

10. RESPONSIBILITY

The Company makes the Website available to the User in accordance with the current state of the art, which does not guarantee that the Website is free from the risk of temporary interruption, partial unavailability or other similar situations.

Without prejudice to the provisions of other parts of the Terms and Conditions of Use, the Company does not assume any responsibility for the following situations:

a) Technical unavailability of the Website, which prevents access and navigation by Users, or the display of the Website in optimal conditions, due to factors external to the Company, such as failures in telecommunications or energy service providers;

b) The use that the Users make of the Web and, specifically, of the information contained in it;

c) Damages derived from the existence of possible malware. The User must have implemented and updated the corresponding tools for detecting them;

d) Damages derived from alterations in the content of the Web produced by fraudulent or malicious access to the Web by third parties; and

e) Damages produced in the computer equipment of the User that have their origin or are caused by the suppliers of telecommunications services.

 

11. PROTECTION OF PERSONAL DATA AND USE OF COOKIES

In order to receive services from the Company, the User must first register and subscribe to the specific terms and conditions applicable to them. In these cases, the Company will collect certain Personal Data from the User, for which the Company will provide him/her with the appropriate information about the treatment of the same in the referred terms and conditions.

Notwithstanding the above, the User may find all the information related to the treatment and protection of his or her Personal Data in the Company’s Privacy Policy, and the use of the Personal Data obtained through cookies in the Company’s Cookies Policy.

12. NULLITY AND INEFFICIENCY

In the event that any provision of the Terms and Conditions of Use is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall affect only such provision, with the remaining provisions contained in the Terms and Conditions of Use remaining in force.

 

13. LEGISLATION AND APPLICABLE JURISDICTION

The Spanish legal system will be applicable to the relationship between the User and the Company and, within this, the principles and rules of the Common Civil Law, without reference to the rules of conflict of laws or the rules or principles of the Regional Law.

For the resolution of any discrepancy that may arise between the Company and the User, the Courts and Tribunals of the city of Madrid shall be competent.