Privacy Policy, Cookies Policy and

T&C

Privacy policy

We would like you to know, by means of this notice, what are the criteria we follow regarding the use of the data you provide us with through the website to which you have accessed as a user (hereinafter, the “Website”) and of which NEKKO CAPITAL, S.G.E.I.C. is a member. S.A. is the holder.

NEKKO takes the protection of your privacy and personal data very seriously and, therefore, in compliance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter “LOPD”), Royal Decree 1720/2007, of 21 December, approving the Regulations implementing the Organic Law, in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) and other legislation in force, and ensures the correct use and processing of the user’s personal data. The personal data that you provide us with through the website will be included in the files of which NEKKO is the owner.

Web users are informed that the completion of the data collection forms contained in the Web is voluntary, although the refusal to provide the data requested will result in the impossibility of being assisted by our services. In NEKKO CAPITAL, S.G.E.I.C. S.A. (hereinafter, NEKKO) we collect and process your personal data in order to process your requests for our services and our contractual relationship with you, or to send you commercial communications about our products and services.

The data provided will be kept for the duration of the contractual relationship with you, or for the period during which the commercial relationship between the user and NEKKO is in force, as well as for the years necessary to fulfill the purposes, legitimate relationships and legal obligations. The data will not be passed on to third parties unless there is a legal obligation or we have obtained your express consent.

Our Privacy Policy may change over time, so we recommend that you read this page each time you visit our website. If there are any changes of great relevance, we will keep you informed through this page and through individual communications sent to the address provided by you. You may, at any time, revoke the consent given.

The completion of all data requested through the Web is necessary to achieve an optimal provision of the services made available. The lack of completion of these fields or their defective completion makes it difficult or even impossible for us to manage them according to your needs.

  1. Information on the Data Controller

The data controller responsible for the processing of the data provided to us through the website will be included in a file owned by NEKKO CAPITAL, S.G.E.I.C. S.A., whose contact details are:

Head of Processing: NEKKO CAPITAL, S.G.E.I.C. S.A.

NIF: A-6645444448

Address: Avda. Diagonal 405 bis, 2 planta, 08008 Barcelona (SPAIN).

Telephone: +34 935 180 111

E-mail: info@nekko.vc

  1. Purpose, legitimacy of processing and retention period

2.1. Purpose of processing

The processing of the data collected through this website has the following purposes:

  1. Treatments for the management of the contractual relationship with the user: managing the contractual relationship between NEKKO and the user.
  2. Treatments to attend to the user’s requests and to send commercial communications about our products and services: to attend to the user’s requests for information as well as to send advertising messages about NEKKO’s products and services.

With the data collected, NEKKO will be able to create a “commercial profile” of the users of the website. No automated decisions will be made based on this profile.

2.2. Basis of legitimation of processing

The processing by NEKKO of the data provided via the Web finds its legitimacy, depending on the type of processing, in:

  1. Treatments for the management of the contractual relationship with the user: execution of the contract.
  2. Treatments to meet user requests and sending commercial communications about our products and services: your express and informed consent.

The user declares that he has read and expressly accepted this Privacy Policy when registering on the Website, giving his unequivocal and express consent to NEKKO for the processing of the data in accordance with the purposes reflected herein.

2.3. Retention of data

Depending on the type of processing, the data will be stored in accordance with the following:

  1. Treatment for the management of the contractual relationship with the user: during the duration of the contractual relationship and as long as there are legal obligations in relation to it.
  2. Processing to meet user requests and sending commercial communications about our products and services: The data of the interested parties will be kept for a maximum of 5 years from the time they are collected if the interested party is a natural person, and as long as no cancellation is requested in relation to data relating to professionals.

Once the data retention period has expired, the data, as well as any support or documents in which they were integrated, will be destroyed or returned to their holder. All this without prejudice to the existence of a legal provision that requires the retention of certain data or that these may be useful in the event of a claim arising from the provision of agreed services.

  1. Addressees

NEKKO will not transfer user data to third parties, except in the event of a legal obligation to do so, in which case the user expressly authorises the transfer.

Users’ personal data may be communicated to NEKKO’s data processors who assist them in processing for the purposes described in this Privacy Policy.

  1. Exercise of rights

We inform you that you, as a user of the Web, may exercise the rights granted to you by RGPD in relation to the processing of your personal data:

  • Right to request access to personal data concerning the data subject.
  • Right to request correction or deletion.
  • Right to request a restriction on your treatment,
  • Right to object to treatment.
  • Right to data portability.
  • The right not to be subject to automated individualized decisions.

In this sense, you may at any time exercise your rights of access and information on the processing of the data communicated, rectification and suppression of the data, opposition or cancellation of the consent granted for processing, right of portability or transmission of the data to third parties or to the data subject himself, as well as knowing the limitations that apply to the processing, oppose the drawing up of profiles (automated data processing), before NEKKO by sending us your request and identification through a letter to NEKKO CAPITAL, S.G.E.I.C. S.A., Avda. Diagonal 405 bis, 2nd. floor, 08008 Barcelona (SPAIN) or by e-mail to info@nekko.vc. The user must enclose with the application a copy of his/her national identity card, passport or other valid document identifying him/her. NEKKO will respond to your request, without undue delay, within a period not exceeding ONE (1) month from the date of its receipt, although NEKKO will do its best to respond to your request for cancellation of service within a maximum period of 72 hours.

Likewise, users who have authorized the collection of their data and their subsequent processing have the right, in the event of their rights being infringed by NEKKO, to lodge a complaint with the Spanish Data Protection Agency, located at calle Jorge Juan, n 6, 28001 Madrid (www.agpd.es).

  1. Cookies

NEKKO reserves the right to use cookies, either on its own behalf or on behalf of third parties, when the user surfs the Website. Cookies are files sent to the browser by means of a web server with the purpose of recording the User’s activities during his or her browsing time.

Cookies used on the Website are only associated with an anonymous user and his/her computer, and therefore do not in themselves provide the user’s personal data.

Through the use of cookies it is possible for the server where the Web is hosted to recognize the web browser used by the user, in order to make navigation easier, allowing, for example, access to users who have previously registered, access to areas, services or promotions reserved exclusively for them without having to register each visit. They are also used to measure audience and traffic parameters, as well as to monitor the progress and number of entries.

The user has the possibility of configuring his browser to be warned of the reception of cookies and to prevent their installation on his computer. However, deactivating them can make it difficult for the website to function properly.

To learn more about cookies you can access the Cookies Policy by clicking on the link.

  1. Security measures and levels

NEKKO has adopted the necessary measures to maintain the required level of security, according to the nature of the personal data processed and the circumstances of the processing, in order to prevent, as far as possible and always in accordance with the state of the art, their alteration, loss, processing or unauthorized access.

Likewise, NEKKO guarantees that it has implemented mechanisms in all its files (temporary or permanent), equipment and information systems containing personal data and of which it is the owner in order to comply with the current legislation on data protection, with the following functionalities:

  1. Ensure the continued confidentiality, integrity, availability and resilience of treatment systems and services.
  2. Restore availability and access to personal data quickly in the event of a physical or technical incident.
  3. Verify, evaluate and evaluate, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the security of the treatment.
  4. Pseudonymize and encrypt personal data, if applicable.

In addition to the confidential information exchanged between the parties, NEKKO will treat the data collected in all private communications between NEKKO and its customers or Users in the strictest confidence, and NEKKO undertakes to keep the personal data confidential, to keep it safe and to take all necessary measures to prevent its alteration, loss and unauthorized processing or access.

  1. Third party data communications and menus

The User who communicates data from third parties through the Web is solely responsible for having obtained the prior express consent and for having informed them of the terms contained in this privacy policy.

Please note that this website is not intended for minors. If a minor nevertheless provides his or her personal data, he or she must have the authorization of his or her parent or legal guardian.

Cookies Policy

COOKIES POLICY

Published version, 26 October, 2020

NEKKO CAPITAL, S.G.E.I.C. S.A. (hereinafter “NEKKO”) is the owner of this website www.nekkocapital.com (the “Website”). This website installs some files called “cookies” and others of similar functionality in those devices from which you access our website for the purposes described on this page. By accepting their use or by browsing and continuing on our website you are consenting to the use of these cookies.

NEKKO CAPITAL, S.G.E.I.C. S.A. (from now on, “NEKKO”) owns this website www.nekkocapital.com (the Web). This Web

NEKKO may modify this Cookies Policy in accordance with regulatory and legal requirements or with the aim of adapting this policy to the instructions issued by the Spanish Data Protection Agency, for which reason we recommend that you read this Policy each time you access our website. However, when there are significant changes to this Cookies Policy, the User will be duly informed either by means of an information notice on the Website or by e-mail.

1. Definition and function of cookies

Cookies are small files that are downloaded to those devices that are used to access the Web. Cookies allow the Company, among other things, to store and retrieve information about the User’s browsing habits and, depending on the information they contain and the way in which the device is used to access the Web, may be used to recognize the device.

2. Typology of Cookies and purposes of use

During the navigation to the Web, different types of cookies will be used, both own and of third parties.

In general, we use cookies to identify you, which allow us to access your registration information so that you do not have to re-enter it; collect statistical information about user usage; research visitor patterns and help target ads to user interests; help our partners track user visits to and track user progress and participation in promotions.

We record and maintain records of users’ browsing activities on our site, including, but not limited to, IP addresses, browsing patterns and buyer behavior patterns.

If you browse our website, the following cookies may be installed:

  • Performance Cookies: These cookies are used to improve the User’s browsing experience and optimize the operation of the Website. Cookies store settings of the Services so that the User does not have to reconfigure them each time he/she visits the Website.
  • Geolocation Cookies: These cookies are used to store geolocation data of the device used by the User to access the Web to offer more appropriate content and services.
  • Analytical Cookies: These cookies are used to collect information about the User’s browsing experience on the Web.
  • Advertising Cookies: These cookies are used to collect information about the ads shown to each User through the Web.

Depending on how long the cookies remain installed on your device, cookies are sorted by:

  • Session Cookies: These will remain installed during the session. They will disappear from your computer when you close the navigation software that uses them or turn off your computer.
  • Persistent Cookies: They remain on your computer after you close your browser or turn it off. Persistent cookies are activated each time the user visits the website that installed the particular cookie.

Cookies used on the Site may also be distinguished between proprietary and third-party cookies:

  • Own Cookies: The cookies that we use are anonymous and do not collect personal data of the user or access through them to data on the user’s hard drive. The user’s identity is never directly inserted into the cookie and therefore cannot be identified.
  • Third-party cookies: Third-party cookies are not installed by NEKKO but by its partners. Some of these cookies analyze the use of our websites in order to provide you with the best experience. Others may be urged by advertising networks with whom we work so that they can place their online advertising in the most appropriate places. Third party cookies that we may use include the following:
    • Google Analytics: Web analysis service developed by Google Inc. Further information can be found at https://www.google.es/intl/es/policies/privacy/
    • VigLink: real-time advertising platform developed by Shareholic. Further information can be found at http://www.viglink.com/
    • ScoreCard Research: Trend research service developed by Google Inc. Further information can be found at http://www.scorecardresearch.com
    • Yandex Metrika: Web analysis service developed by Yandex. Further information can be found at https://yandex.com/legal/confidential/
    • OwnerlQ: real-time advertising platform developed by Shareholic. Further information can be found at http://www.owneriq.com/
    • Shareholic: Service for sharing information and opinions on social networks developed by Shareholic. Further information can be found at https://shareaholic.com/

3. Deactivation or elimination of cookies

Cookies installed on the User’s device may be blocked, cancelled or deleted by configuring the options of the browser installed on the User’s device. Here’s how to disable or delete cookies in major browsers:

  • Microsoft Internet Explorer: Tools Menu > Internet Options > Privacy > Settings
  • Google Chrome: Tools Menu > Settings > Show advanced options > Privacy (Content Settings) > Cookies
  • Firefox: Tools Menu > Options > Privacy > Cookies
  • Safari: Taskbar > Safari > Preferences > Privacy > Accept Cookies > ( select option) Always/ Never / Only from the sites you browse
  • Opera: Settings > Options > Advanced > Cookies

Warning: Web content may be available only if cookies are enabled on your browser. If you choose not to accept or block certain cookies (depending on their purpose), this may affect, in whole or in part, the normal functioning of the website or may prevent access to the navigation of certain content.

4. Contact

If you would like more information about our use of cookies, please contact us at info@nekko.vc.

Terms & Conditions

NEKKO CAPITAL, S.G.E.I.C. S.A. informs you that the access and use of the web page through which you have accessed as a user is commercial and is subject to these conditions of access and use, so we recommend that you read them carefully.

Our terms and conditions of use are intended to regulate access and use of this website, which NEKKO CAPITAL, S.G.E.I.C. S.A. we make available to the public in an accessible, permanent and free way. Any third party who has access to and uses this Web Site shall be considered a user and fully accepts each and every one of the conditions incorporated in these Terms and Conditions, in the Privacy Policy and Cookies Policy, if any.

The User acknowledges and accepts that he/she has read and understood the Terms and Conditions of Use of the Website, the contents of which constitute the entire agreement between the User and NEKKO. By using any of the functionalities of our website, the User expressly acknowledges and agrees to be bound by the Terms and Conditions of Use as well as the Privacy Policy of the website and other applicable corporate policies of NEKKO. The refusal to accept these terms and conditions prevents the user from using this website.

The owner of the website may offer services or products whose particular conditions are specifically informed to the user on a case-by-case basis.

1. Ownership and purpose of the website

The website www.nekkocapital.com (hereinafter the “Website”) is a computer platform owned by NEKKO CAPITAL, S.G.E.I.C. S.A. . (hereinafter the’Company’ or’NEKKO’), a company legally incorporated under Spanish law with N.I.F. (Spanish Tax Identification Number). A-66454448, with registered address at Gran Via de les Corts Catalanes, 613 1st Floor, 08007 Barcelona (SPAIN) and registered in the Mercantile Register of Barcelona in Volume 44661, Folio 111, Page B-462.769.

Our website has been designed with the purpose of offering our products and services to the users of our website.

The relationship between the Website and the User shall be governed by Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, by the Commercial Code, and other applicable Spanish legislation.

2. Operational

Personal information. Visiting the Website does not imply that the User is obliged to provide any information about himself/herself. In the event that you provide any personal information, the data collected will be used for the purpose, in the manner and with the limitations and rights set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, resulting in our Privacy Policy.

Registration. All users, whether registered or not, agree to accept these Terms and Conditions and to use the content in good faith.

In the registration process, we will request personal information from you in order to fulfil the purposes of managing your contractual relationship with us, as well as to respond to your requests and to keep you informed, including by electronic means, about our products and services.

Age. The User declares that he or she is of legal age (over 18 years of age) and has the necessary legal capacity to contract the products offered on the Website, also stating that he or she accepts the link to this agreement and declares that he or she fully understands and accepts the present terms and conditions.

3. Contents Policy

Our website has been designed with the purpose of offering our products and services to the users of our website.

NEKKO ensures that the contents included in this website are up to date, even if the information may be inaccurate or imprecise in any respect.

The user undertakes to use the website in accordance with the law, these Terms and Conditions, the regulations and instructions brought to his/her attention, as well as morality, generally accepted good practices and public order. Likewise, it is expressly forbidden to use this website for purposes harmful to the property or interests of NEKKO or third parties, which in any way overload, damage, render useless or deteriorate the networks, servers, computer equipment, products and/or applications of NEKKO or third parties, or prevent their normal use.

NEKKO is not responsible for the transmission of information between users of this website. Any communication or transmission of content that infringes the property rights of third parties and whose content is threatening, obscene, defamatory, pornographic, xenophobic, that violates the dignity of the person or the rights of the child, in short, that violates current legislation, is prohibited. Likewise, the inclusion and communication of false or inaccurate content by users that induces or may induce error on the part of other users is prohibited. NEKKO may provide links to other Internet sites for information purposes and is not responsible for the content of such sites.

NEKKO reserves the right to review its Terms and Conditions, Privacy Policy and Cookies Policy at any time. For this reason, please check the legal notices regularly to read the latest version published by NEKKO.

4. Minors under the age of 18

This website is not intended for children under the age of 18. Please activate parental control to prevent and control underage access to the Internet and inform minors about safety issues.

We encourage parents and guardians to regularly check and review their children’s use of the Internet and e-mail. They should also ensure that they do not provide personal data without your permission and consent. When a minor under 14 years of age wishes to provide us with his or her personal data, he or she is required to provide us with the identification data and e-mail address of his or her parents or legal guardians in order to request their authorization, or to provide us with proof of their authorization with sufficient documentary input (e-mail attaching a duly signed authorization letter, providing a photocopy of their ID card or passport, or sending it by fax, which the Company would request prior to contracting the products).

5. Exclusions of Liability

Due to unforeseeable situations that characterized the technological environments and the Internet, NEKKO reserves the right to temporarily suspend access to or any of the functionalities offered by the Website, whether for technical reasons, for security reasons or for maintenance. Furthermore, NEKKO reserves the right to implement and make changes and/or updates to the Website at any time, with or without prior notice. In any case, the User acknowledges and accepts that NEKKO may carry out certain actions to prevent the User from accessing the Website at certain times for limited periods. In this sense, the User accepts that NEKKO will not be responsible, as a result of such actions, for the elimination or failure to make available certain contents or functionalities of the Website.

NEKKO does not represent or guarantee that certain results will be obtained after using the services of the Website. Consequently, under no circumstances shall NEKKO, its representatives, directors, employees be liable for any incidental, consequential, special or incidental damages, including but not limited to any loss of profits, data or business opportunities, software errors, whether foreseeable or not, resulting from or connected directly or indirectly with the use of the Website.

NEKKO is not responsible in any way for those contents, activities of any kind, products and services that can be accessed through electronic links, directly or indirectly, through our website, including those websites of brands that collaborate with NEKKO. The links included or which may be included on our website do not represent any kind of relationship between NEKKO and the natural or legal persons who are owners of the websites which can be accessed via these links, nor do they imply any suggestion, invitation or recommendation regarding the website or its contents.

NEKKO shall not be liable for any loss or damage that the User may suffer as a result of improper use of the Website or if the User breaches the Terms and Conditions of the Website.

6. Intellectual Property Rights

The intellectual property rights and rights of exploitation and reproduction of this website are the exclusive property of NEKKO. Any misuse by third parties will be prosecuted, with attorneys akin to Sidley Austin being retained for their services, this will be in accordance with the current legislation.

All the industrial and intellectual property rights of the website and of the different web pages belonging to NEKKO, as well as of the elements contained therein and in its web pages (including, but not limited to, the graphic design, source code, logos, contents, images, texts, graphics, illustrations, photographs, databases and other elements appearing on the website), unless otherwise indicated, are the exclusive property of NEKKO or of the third parties who own the legitimate exploitation rights.

However, if there is any dispute or question about the ownership or exploitation of the resources mentioned above, the owner of the website will withdraw them preventively.

The user acknowledges that the reproduction, distribution, marketing, transformation, and in general, any other form of exploitation, by any means, of all or part of the contents of this website constitutes an infringement of intellectual property rights.

7. Privacy Policy, Data Protection and Cookie Policy

By accepting these Terms and Conditions of Use, the User acknowledges and agrees to have read, understood and accepted our Privacy Policy and Cookies Policy.

8. Non-compliance

In the event of non-compliance with any of the commitments specified herein, the provision of the service to the User through the Website may be terminated or suspended at any time, unilaterally and without prior notice.

Such suspension or withdrawal shall in no case entitle the User to any compensation whatsoever.

  1. Applicable Law and Jurisdiction

Without prejudice to any mandatory rule that may contradict this clause, the interpretation and application of the terms and conditions of use of the Website shall be governed by Spanish law. For the resolution of any discrepancy that may arise in the interpretation and/or execution of the Terms and Conditions of Use provided herein, the parties submit to the jurisdiction and venue of the Courts of Barcelona.

However, in the event that the Spanish or Autonomous Community Legislation for the Defence of Consumers and Users establishes the possibility that the User may choose the jurisdiction corresponding to his/her place of residence, the provisions of said legislation shall apply.

10. Contact information

For questions related to the services of our website and the Terms and Conditions that regulate it, you can contact us by written request addressed to our offices:

NEKKO CAPITAL, S.G.E.I.C. S.A.

NIF A-66454448

Gran Via de les Corts Catalanes, 1st floor (@ Cloudworks), 08007 Barcelona (SPAIN).

Tel. +34 938 823 717

info@nekko.vc