Acceptance of terms

By accessing arkinet you are accepting the terms of use and privacy policy of the company. By accepting this document, the user expressly consents to the Privacy legislation of the European Union and the Spanish laws on Data Protection and Intellectual Property in force, including any amendment thereto, and also acknowledges the legislation herein to take precedence over any other legislation. Likewise, users from third-party countries must also comply with the legislation herein, whereas arkinet shall do its best to comply with the applicable European legislation and the rules of the United States Department of Commerce. Users from countries failing to provide adequate security measures for data processing must refrain from accessing arkinet. You may not become a member of arkinet if you do not accept these terms of use. In order to become a user you must create an account on our website.

Processing of personal data

The purposes of arkinet for recompiling personal data is to enhance and strengthen the interaction and collaboration among professionals from the Architecture Community and strictly to this effect:

a) Does the user accept the publication of his/her personal data, in authentic form, such as Name, Address, Zip/Postal Code, City, State/Province, Password, E-mail address and Sex. Optionally, his/her Professional data, Professional curriculum, Professional preferences, Logos, Photos, Images, Project Descriptions, Plans and Videos can also be posted. The access to arkinet implies that the IP Address (Internet Protocol – which in Europe is administered by NCC), URL (Uniform Resource Locator) and ISP are stored in temporary cookies (which are deactivated once the user quits the browser) or permanent cookies (storing the name of the user and/or the password according to the user’s preference) with a view to facilitating new connections, option which can be disabled through the browser.

This document hereby grants arkinet (or any of its representatives appointed under the same terms) permission to process personal data and any other information, while the user has the right of access at any time to rectify, cancel or contest personally or by third parties the data stored in the Data Base by sending us the applicable form to legal@arkinet.com.

b) Storage of information: every time the user establishes contacts, sends messages, searches the web, sends information, shares data and accesses the system, some information is stored with a view to providing an optimal service and a back-up copy is made. The user can further develop the information as long as it includes professional experiences, skills and objectives. arkinet will not be responsible for the content of such messages, information or files sent or transmitted, and will be limited to facilitating the storage of the said information in order to be accessed by the other users.

c) arkinet can collect information from a user and post it (blogs, instant messaging services, news articles), and also through other users, which is expressly accepted by the user. Also, the users can send and receive information, such as messages, articles and files, via the notice board, events calendar or establish interactive dialogues or chats.

Purpose

arkinet is a portal exclusively oriented to professionals related to the Architecture Community, including a social network, news and online services with a purpose to establish synergies, share information, publish architectural projects, plans, scale models and designs, among other services available.

User’s content

The user hereby accepts the transmission of the contents published on arkinet, while he/she can expressly and voluntarily set up filters to prevent the publication of specific contents. The objective of arkinet is to promote the indefeasibility of its content, however, it cannot be guaranteed 100%, since it is impossible to control the breach of the security configurations by third parties. Also, even if the user deletes a specific content, arkinet cannot prevent other parties from making a copy or posting the content on the web or that such information is saved in the caché memory or is otherwise archived. Likewise, arkinet cannot control other applications activated by the user, and arkinet will not be held liable for the developers of such applications. For this reason the user undertakes to read carefully the privacy policy of such platforms, which may breach the privacy policy provided herein. In any case, arkinet will require any such developer to comply with the Privacy Policy of arkinet and to send a form to legal@arkinet.com. The user also accepts that her/his religious and political convictions, nationality and ethnic origin can be derived from to the information posted, the provision thereof being absolutely voluntary and under the exclusive responsibility of the user, while the consent for the transmission of any such data can be cancelled, eliminated, changed or rectified, not retroactively, by sending an e-mail to legal@arkinet.com, using the form available to that effect. arkinet will not be held responsible for any defamatory content published on its website or the breach by the user of third-party exclusivity rights, and the user will indemnify arkinet for any third-party claims regarding any such infringement.

Obligation to report

Any illegal use of or falsification of data from arkinet must be reported by filling the form available on our privacy policy page and by sending it to legal@arkinet.com. The user undertakes not to publish any information that may be against good moral standards and public order.

Property rights over the data

The data posted on arkinet by the user is under the sole property of the user and she/he may freely dispose of it at any moment. Even if arkinet will do its best to prevent any illegal copying or transmission of the user’s data, arkinet will not be liable in case any such data is copied or published by third parties or is saved in the caché memory, nor it will be held liable for any viruses that may affect the system, or the malfunctioning of the browser, for which arkinet will not be held responsible. All of which without prejudice to arkinet’s commitment to do its best to prevent the infiltration of any virus in its system by using antivirus software. arkinet will not indemnify the users for any of the data, files or any other information posted on arkinet. The Database and any other non-personal information that does not identify the users as individuals will be under the property of arkinet and subsequently used at its sole discretion.

The data of arkinet can be published in any country in the world; nevertheless, arkinet will not transmit data to countries that fail to provide an adequate level of protection according to the provisions of the European Commission or The Spanish Data Protection Agency (AEPD – the Spanish acronym). arkinet shall not be responsible for the transmission of data to any such third countries by the users.

Furthermore, arkinet hereby undertakes not to sell or lease the personal information for marketing purposes, not to share the information with third parties without the previous consent of the user, reserving the right to amend the privacy policy at any time, being the user’s responsibility to constantly review the terms of use and, where major changes occur, the user will be personally notified by publication on arkinet’s website. Using arkinet is a clear and univocal sign that the user expressly consents to any such changes. By posting information on arkinet, the user expressly consents to share it with the other users.

Invitation service

Any user registered with arkinet can invite any other third party to join in, provided that the registration is made in the name of the third party, for which a minimum number of data will be required in order to validate the invitation (e-mail address), arkinet will send a maximum of two reminders, which will be saved by arkinet for protection purposes. The invitee will be able to access arkinet after filling in a form, and will be allowed, in the same form, to unsubscribe or to request that all his data is retrieved from the web.

Data use

The information posted is visible for all the members of arkinet, without prejudice to the filters or privacy regulations set by each user, where any such setting is possible, depending on the reliability of arkinet program and under the sole risk of the user. arkinet will be allowed to send messages or promotional ads, notifications to the user and to use the information on the web with priority over third parties with or without profile identification in order to create groups according to preferences. The personal information is used for account administration and personalization of the service provided. Also, it is possible that search engines of other companies may access the data, although arkinet will do its best to limit the access of such search engines (Google, Yahoo, Windows Live) to user’s name and other personal and general data. The information posted may contain videos, photos, architectural designs, news, video reports, digital books, classified ads, opinions, advertisements, press reports, and others.

Protection of personal data

The personal data and files of identifiable individuals are under the provisions of The Organic Act on Personal Data Protection; that is, the personal data will be stored in a file administered by arkinet, which will be allowed to use it under the provisions of the legislation in force and in accordance with the purposes set forth herein. The answers to the questions in the user registration form, or formulated by a member of the community, are optional, the user being able at any time to exercise his/her rights to access, rectify, cancel or dispute the data saved in the Database. In case the personal data is not collected by arkinet directly from the user, arkinet must notify the user thereof within 3 months, except for cases when such recompilation of data is made for historical, statistical or scientific purposes, or if doing so would require a disproportionate effort. The user of arkinet explicitly consents to the processing of the personal data and any other information provided, being entitled at any moment to revoke such consent. The user’s right not to disclose his religion, ideology and beliefs is hereby acknowledged. The automated files of personal data are saved in a file, which shall be registered with the General Registry for the Protection of Personal Data (RGPD – the Spanish acronym) under the Spanish Data Protection Agency (AEPD – the Spanish acronym). arkinet is authorized by the user to subcontract the processing of data (Art 21 Act on Data Protection) to any third party that complies with the same terms as arkinet. Every two years Arkinet will audit the data security systems (Art. 96 Act on Data Protection).

Information shared with third parties

The user will be allowed to control the information that he/she wants or not to share with third parties, provided that it is required for service purposes (sharing the account number for payments to the service provider, for example). The general norm is to share the information entirely (the name and e-mail address, but never for commercial or marketing purposes), except for the special provisions that each user may choose. In case the information cannot be restricted and the user does not want it published, she/he must retrieve it under his/her exclusive responsibility. The service providers of arkinet may use the information for the commercial purposes of arkinet, nevertheless, they will do their best to limit the use of the said information to arkinet’s objectives, without any prejudice to the incapacity of arkinet to guarantee 100% the confidentiality of the information. The information can be shared even when the user is disconnected. arkinet has no control over the cookies that might be installed by third-party advertisers, which do not have access to the data or contact information, except whether the user decides to do so. arkinet uses permanent cookies in transparent images or registry archives in order to identify and personalize the user and web log archives provided that the computer and browser used are the same, except when the computer does not allow cookies, in which case the said service cannot be used. The service is used in order to avoid entering the same information over and over again.

Passwords

The users of arkinet hereby commit to periodically change their passwords for a better efficiency of our privacy policy. The personal information is protected by the appropriate standards and technologies. The passwords should not be offensive. The password serves for limiting the access to certain information exclusively to the users, nevertheless without an absolute warranty.

Judicial order

arkinet may disclose entirely the recompiled information exclusively to a Judge or any other public institution, as required by the applicable legal regulations; otherwise, arkinet may not disclose any of the personal data available on the web or any of the information whose access is restricted by any of its members. In case of a judicial order in a civil or criminal action arkinet shall be required to disclose the said information.

Transfer of property rights over the database

In case the owners of the property rights over arkinet portal change, the former owners will transfer the information to the new owner in order to provide a continuous service to the user.

Links to third party sites

arkinet will not be held liable for any of the links or the privacy policy of any other web sites that the user may access through arkinet, and that is why the user must read carefully the privacy policy of each web site. Nevertheless, arkinet is allowed, except for the user’s express refusal, to send advertisements, surveys and polls to its users, as well as to receive and send advertisements (not personal data) to third parties. For this reason, arkinet may use a network interceptor in order to provide anonymous audits, investigations and reports. In case the user participates in the surveys, polls, blogs or any other similar actions, all such information is visible for third parties. Likewise, when a user subscribes to arkinet’s wall, any information posted by third parties is also visible.

Data privacy insurance

arkinet is covered by a data privacy insurance and complies with the Spanish Intellectual Property Act (Royal Decree 1/1996, of April 12) and the Spanish Data Protection Act. Arkinet constantly audits the security of its system, the users’ data is protected by passwords and their bank account data is encrypted using the SSL protocol. The messages sent by e-mail, instant messages and any other similar communications are not encryptedand it is the user’s responsibility to control their transmission. Even if arkinet does its best to provide a continuous service 24 hours per day every day of the year, it is not guaranteed 100%, disclaiming any liability both for its services and any other services provided by third parties through the portal. To this effect, arkinet also disclaims any liability for any possible loss of the information stored or transmitted, or, for any network or connection failure, or any failure caused by an act of god or force majeure, for which it will not be held liable.

Right to unsubscribe

The user can unsubscribe from arkinet at any time and a back-up copy of his/her data will be saved for security purposes during a reasonable period of time, without any prejudice to the transfer thereof to other users, which is already out of arkinet’s control. arkinet is also entitled to unsubscribe the user and to block his/her access in case the user is suspected of improper use of the service. arkinet is completely exonerated from any liability for any possible damages and indemnities that the user or any other third parties may suffer or incur as a result of an improper use of arkinet or inadequate service security.

Security

arkinet will take special precautions to protect the users’ information, which is saved in a server protected by Firewall and other security protocols. In case the user subscribes to the electronic payment service, the payments will be made by credit card, PayPal service or other similar services in compliance with the regulation for standard electronic payments and using security protocols for third parties in order to provide a high confidentiality level. All of which under the strict observance of Articles 9 and 10 of The Organic Act on Personal Data Protection (LOPD) including any amendment thereto, for which arkinet will take the necessary technical and organizational measures to prevent any loss, deterioration and unauthorized processing of such data. However, the user expressly consents to the processing of his personal data in accordance with arkinet’s objectives. The user must be aware that third users may have access to all such data. arkinet’s employees comply with the protocol provided under the security document (Art 88 Royal Decree 1720/2007). Every 6 months arkinet will make the copies provided for under Art. 94 of Royal Decree 1720/2007.

The user undertakes to comply with the privacy terms and conditions, not to circulate any injurious, violent, offensive, racist or xenophobic information, either personally or on behalf of third parties, not to deliberately mislead about the proprietorship or originality of the information or work published on arkinet under his/her exclusive responsibility (the use of pseudonyms is not allowed), always in compliance with the intellectual property rights of third parties (reproduction, transformation, distribution, public communication and other exploitation rights), and without modifying, transforming, altering, distorting it or harming its reputation, any breach thereof resulting in the immediate closing of the user’s account. To this effect, the users are expressly authorized to download the information published on the web, provided that they are not using it for commercial, marketing or distribution purposes and always in compliance with the intellectual property rights thereof (the personal and patrimonial rights granting the author the full disposal to the exploitation of his/her work) and the industrial property rights of the publisher of any such information, such as scientific, literary or artistic works protected by copyright, for which the prior consent of the user must be obtained before publication, the user acknowledging that the publication or dissemination of such information or work entails the express consent of the author or proprietor, without any indemnity and always in compliance with the applicable legislation in force. arkinet will not be held liable for the content published by its members or users. All of which without prejudice to the provisions of Art. 32 under the Intellectual Property Act, which allows the publication for the purposes of teaching or research, or any other lawful non-commercial purposes, as long as the author and the source are cited, and always in compliance with any reserve concerning the express permission of the author.

The user must be over 18. The user hereby expressly consents to the transfer of the information posted and to its administration to any place in the world. The user hereby undertakes to use the service for legal purposes under his/her full responsibility.

Intellectual and industrial property rights of arkinet

arkinet has intellectual property rights over the intellectual creations and databases of arkinet, covering all modes of expression and selection of the information or configuration of its contents, protected by the “sui generis” right provided under art. 133 of the Spanish Intellectual Property Act (LPI), without covering the contents and rights for which arkinet is not responsible, neither for their authenticity, options or professionalism. arkinet does not provide professional consultancy services, disclaiming any responsibility for the contents published. The domain name “arkinet” and all its logos and trademarks are under the exclusive property of arkinet. Non-Spanish users that access arkinet must comply both with the privacy terms hereunder and the terms applicable in his/her country of origin, otherwise they should restrain from accessing arkinet.

Applicable legislation

arkinet complies with and is under the provisions of the Spanish laws on data protection, i.e. The Organic Act on Personal Data Protection (LOPD) 15/1999, of December 13, amended by Royal Decree 1720/2007, of December 21, and the Intellectual Property Act 1/1996, of April 12, amended by Law 5/1998, of March 6, incorporating Directive 96/9/EC of the European Parliament and of the Council of 11/3/1996 on the Legal protection of databases, the Spanish Civil Code and Commercial Code, the terms of use and privacy policy hereunder, which can be amended at any time, with immediate effect, except for substantial changes which enter into force within 30 days after their publication on this page. In case the applicable legislation cannot be fully included, reference will be made to the applicable Spanish legislation in general.

Competence and jurisdiction

Any dispute concerning the interpretation of this agreement is under the jurisdiction of Spanish laws and Spanish Courts and Tribunals, and the Spanish version of the agreement shall prevail. This is due to the fact that arkinet is duly incorporated in Spain.  

Company information

arkinet Media SL is duly registered in Spain with the Trade Registry of Barcelona, in Volume 40965, Section B374202, Page 31, registered office in Sant Cugat del Vallés, C/ Osca, nº 45, postal code 08195, and business address Sant Cugat del Vallés, Centro de Innovación ESADE Creapolis Business Suite B06, Av. Torre Blanca, 57, postal code 08173.