LEGAL NOTICE

Terms & Conditions

SAMAIPATA VENTURES SGEIC SA (hereinafter “SAMAIPATA”) is a Spanish company with registered office in Calle Gran Vía 4, 28013, Madrid, Spain; registered in the Mercantile Register of Madrid in Volume 34.139, Section 8, Page M-614075. You can contact Samaipata at any time by sending an email to hello@samaipata.vc

Through our website www.samaipata.vc (hereinafter, the “Website”) the public may access news, information and events organized by Samaipata, as well as certain corporate information for our partners and investors.

By using this Website and its services, you agree to comply with and be bound by the following terms of use (the “Terms of Use”). Please read them carefully.

First - Terms of use

1.1 The use of our Website attributes the condition of user (hereinafter, the “User”). The fact of being a User implies the total acceptance without waiver of all the policies and policies published on the Website; including these Terms of Use and the Cookies Policy (hereinafter, the “Policies”). You also agree to use this Website in accordance with any applicable law. If you do not comply with these Terms of Use and all related Policies, refrain from using the Website. To the extent that you fully comply with the Terms of Use and the Cookies Policy (in the applicable version at any time), you are authorized to use the Website.

1.2 The Terms of Use or Cookies Policy may be modified by Samaipata at any time, and it is the sole responsibility of the User to verify its content. Please review the Policies regularly to ensure that you are informed of any changes that may have been made. The use of the Website implies that you agree to be legally bound by the Policies, in their current or modified versions. In case of discrepancy between previous versions of the Policies and their updated versions, the latter will prevail.

Second - Use of the website.

2.1 The maintenance of this Website is due to our desire to improve public access to information, news and events related to Samaipata, as well as certain information of a corporate nature for our partners and investors. Our goal is that the content of the Website is at all times adequate and correct. If you are aware of the existence of errors in the content of the Website, we will try to correct them as soon as possible. However, we decline any obligation or liability with respect to the accuracy of the content posted on the Website.

2.2 We reserve the right to update or delete any content of the Website, as well as to limit or deny access to any User, temporarily or permanently. Notwithstanding the foregoing, this disclaimer is not intended to limit our liability in case of breach of any obligation imposed by applicable national law, nor exclude our liability in matters in which it cannot be excluded under such legislation.

2.3 All content published on the Website, including, but not limited to, copyright, similar or related rights to copyright or sui generis right on databases, patents, utility models, industrial designs, graphics, source code, texts, images, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, musical and/or audiovisual works, trade secrets and know-how, regardless of whether they have been registered, have been requested to register or are not registered (hereinafter, the “Content”) are owned by Samaipata or have been transferred through a license for its exploitation and are protected by all applicable laws on intellectual property and industrial law, including antitrust laws.

2.4 Unless otherwise specified in the Policies, Users may not reproduce, distribute, transform or make the Content public. While expressly authorized, all use of the Content will have to comply with these Terms of Use and all applicable Policies.

2.5 The Website may include links to external and independent third party websites of Samaipata (hereinafter “Third Party Websites”). Samaipata includes these links to offer Users the possibility of accessing other websites that they believe may be of interest to you. Third Party Web Sites are outside our control and we decline any responsibility as to their content. Therefore, the fact that the Web Site includes links to Third Party Websites does not imply in any way that Samaipata has approved or that it agrees with the content or the information published in the same. Consequently, we do not assume any obligation with respect to the content or the information published by Third Party Websites and therefore, access to Third Party Websites will be under the exclusive responsibility of the User.

2.6 You are not authorized and should not use the Website to: (i) post, upload, email or otherwise transmit material that is rude, defamatory or obscene that may annoy, disquiet or disturb any person and/or infringe upon rights or prevent their use and enjoyment of the Website; (ii) posting, uploading, emailing or otherwise transmitting unsolicited or unsolicited materials, promotions or advertisements, junk mail, spam, chain letters, pyramidal frames or any other means other form of offer or commercial exploitation; (iii) create an electronic or other database that includes material downloaded or obtained from any other form of the Website; (iv) transmit or proceed to the transmission to a third party of any material obtained from the Website, without complying with the applicable Policies published on the Website; (v) obtain or attempt to obtain materials, documents or information from the Website by any method that is not available on the Website through automatic devices such as deep-links, scrapes, robots, spiders or other similar devices; (vi) access, copy or track any part of the Website, or reproduce or circumvent in any way the navigation structure of the Website or any content; (vii) upload or transmit any material that includes malicious software (virus) or any other code, file or computer program designed to interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of any software or hardware or telecommunications by any means. We reserve the right to prohibit any activity or material of this nature; or (viii) use any part of the Website to link, through any means, with an internal or secondary page of the Website located at one or several levels below the home page (deep link) or to submit Content of the Website on another web page (framing).

Third - Privacy

3.1 The simple visit to our Web Site does not include the obligation to provide information of any kind. Your privacy and the safeguarding of your privacy is the most important thing for us. In case you provide through the Website some personal information, the data collected through the present will be used in the form, for the purpose, and with the limitations and rights contained in Organic Law 15/1999, of 3 (“LOPD”) and Royal Decree 1720/2007, of 21st December, which approved the Regulations for the development of the LOPD (the “RLOPD”).

3.2 By entering your data in a contact form included in the Website, you consent to the storage of your personal data in our files, in order to attend your query and, if necessary, contact you. All data marked with an asterisk in the forms must be filled in as a mandatory requirement so that your query, request or commentary is admitted. No data considered as specially protected by current regulations will be requested, as well as any type of economic data.

3.3 Samaipata guarantees that the data provided will not be accessible by anyone other than Samaipata and that they will only be shown at the request of its own owner, provided that it is duly accredited. Samaipata will not transfer your personal data to third parties.

3.4 You will have the right to access at any time your data stored in our files, as well as the rectification, cancellation or opposition to the processing thereof (“ARCO Rights”). You can exercise your ARCO Rights through the email hello@samaipata.vc or by letter sent to the following address: Calle Gran Vía 4, 28013, Madrid, España. In all cases, to exercise your ARCO Rights you must prove your identity by photocopy of your identity document or valid passport.

Fourth - Exclusion of Liability

4.1 Samaipata is in no way obliged to keep the website accessible or to provide the content stored on it. Both the hosting of the website and the provision of content may be canceled, interrupted or suspended temporarily at any time without prior notice. Samaipata does not guarantee the absence of errors, faults or viruses in the website or the content, nor the absence of interruptions in its supply. Samaipata does not assume any liability for direct or indirect damages suffered by the user as a result of the suspension or cancellation of the website and / or the removal of its total or partial content.

4.2 The content of the website is general informational and therefore could be insufficient for the user to adopt a personal or business decision. Samaipata is not obliged, in any case, to demonstrate the truthfulness, accuracy, adequacy, integrity and validity of the content. The user agrees that the use of the website and/or the content will be at his own risk and that the website is offered to users as is available. Therefore, no warranty, express or implied, as to the site or the content, including, but not limited to, merchantability, infringement or suitability for a particular use or purpose is made. Insofar as applicable law so permits, Samaipata assumes no responsibility for the decisions taken by the user based on the information provided on the website, or for direct or indirect damages that may suffer as a result of actions based on the site or the contents.

4.3 Samaipata will not assume any liability for damages that may be suffered by the user’s hardware, software and / or data from any virus or malicious content or software. The user will be solely responsible for installing the necessary tools to detect and prevent your equipment, hardware, software and/or data from being damaged in any way.

4.4 Samaipata shall not be liable in any way to users for indirect or direct damages (including incidental, consequential, special, punitive or exemplary damages, if accepted by applicable law) arising from the use or inability to use the site web or content, including, without limitation, lost profits or loss of business. Limitations of liability in some territories are prohibited, so this limitation applies only to the extent permitted by applicable law.

4.5 Samaipata assumes no liability for damage to your computer equipment, software or information from any virus or any other malicious content or software. It is the responsibility of the user to install the tools necessary to detect and prevent any damage to their equipment, software or information on their computer equipment.

4.6 Under no circumstances will Samaipata be liable to the user for any direct or indirect (including incidental, consequential, special, punitive or exemplary damages, if permitted under applicable law) arising from the use of the site web or content or the inability to access the website or content, including without limitation any loss of profit or business. Some jurisdictions do not allow liability limitations so this limitation will only apply to the extent permitted by applicable law.

Fifth - Applicable legislation & jurisdiction

These terms shall be governed under Spanish law, to which the parties expressly submit. All conflicts deriving from or relating to the use of the Website will be resolved by the competent courts and tribunals in accordance with applicable legislation.

In the event that any of the terms of this document be declared null, they will be removed or replaced. Should this occur, the validity of the rest of the terms included in this document will not be affected.

Sixth - Data & Privacy Policy

Our Website uses a technology called “cookies” in order to be able to collect information about the use of the Website. Samaipata uses cookies with the purpose of facilitating its navigation through the Website, distinguishing it from other users, providing a better experience in its use, and identifying problems to improve our Website. Likewise, in the event that you consent, we will use cookies that allow us to obtain more information about your preferences and personalize our Website in accordance with your individual interests.

The purpose of this cookies policy is to inform you in a clear and precise way about the cookies that are used in our Website (the “Cookies Policy”).

In case you want to collect more information about the cookies that we use on the Website, you can send an email to the following address: hello@samaipata.vc.

6.1. Cookies

1.1 A cookie is a file that is downloaded to your computer (computer or mobile device) in order to store data that can be updated and retrieved by the entity responsible for its installation.

1.2 The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time that has been on our Website and the sites visited just before and after it.

Our cookies

Our Website uses the cookies described below:

(i) Own technical cookies

Technical cookies are those that are sent to your computer and managed exclusively by us for the best operation of the Website. The information we collect is used to improve the quality of our service and your experience as a user. These cookies remain in your browser longer, allowing us to

recognize you as a recurring visitor to the Website and adapt the content to offer you content that suits your preferences.

(ii) Third-party analytic cookies

On our Website we also use the Google Analytics audience measurement system, a web analytics tool from Google, Inc. that allows us to see how users of our website interact. It also enables cookies in the domain of the site where the user is located and uses a set of cookies called “__utma” and “__utmz” to collect information anonymously and compile reports of Web site trends without identifying individual users.

Together with our server log files, we are able to know the total number of users who visit our Website and those parts of it that are most popular. Thanks to them we obtain information that can help us improve navigation and give a better service to users and customers. Here is the link to the Google website where you can see the description of the type of cookies used by Google Analytics and its expiration period: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage?hl=es

6.2. Privacy policy

The use of this website and its forms requires acceptance of the processing of the user’s data in accordance with this privacy policy, including the collection of access data and the delivery of commercial information by electronic means.

Data controller and contact information

The data controller is: SAMAIPATA VENTURES SGEIC SA

Address: Calle Gran Vía 4, 28013, Madrid, Spain

Contact telephone: +34 665 957 373; email hello@samaipata.vc

Purpose of the data processing

Data is processed with the aim of providing access to the online contents of the web as well as fulfill the requests from the users, keep a record of visits for statistical purposes (IP addresses, browser type, country, page accessed, etc. ), to apply measures aimed at the security of the web, and, to deliver commercial information by electronic means about our products and services. When the user fills any of our forms it will be necessary to provide certain personal data, and it will be processed to carry out the user’s request.

6.3. Legitimacy

The data is processed in base of the consent of the user, compliance with legal obligations, where appropriate for the execution of a contract or pre-contract.

6.4. Data recipients and transfers

Recipients: SAMAIPATA VENTURES SGEIC SA. and group companies.

International transfers are not planned (outside the European Economic Area), except for storage purposes, and in any case based on a decision of adequacy, on adequate guarantees, or to entities adhering to Privacy Shield program (http://www.privacyshield.gov)

6.5. Data retention time

Data will be stored at least during the periods established by the applicable legislation and in any case during the validity of the consent.

6.6. People rights

Data subjects have the right to:

access, rectify and delete their data

request the portability of their data,

oppose the processing or request its limitation,

withdraw the consent

For this you can send your request:

In order to exercise your rights, data subjects can contact:

By email, writing to including in the subject specifying in the subject the “Data Protection”

Writing, to: Calle Gran Vía 4, 28013, Madrid, Spain

Data subject must attach a photocopy of his ID to the application.

Data subjects have the right to issue a complaint with the Data Protection Control Authorites.

6.7. Veracity of data, updating data

The user must fill the forms with real, exact, complete and up-to-date data. The user will not enter data about other people; will presume that the data has been entered by the data subject him or herself. The user will be the only responsible for any harm or damage, direct or indirectly caused to another individual, derived from providing false, inexact, incomplete, or outdated data or data referring to another person.

The user must communicate any changes in the provided data in order to keep it up-to-date.

6.8. Information security

Samaipata has taken all the measures required by law to protect personal data; likewise, has adopted the technical measures available to prevent data loss, unfair use, alteration, unauthorized access or data theft. Nevertheless, the user will take into account that security measures in Internet are not completely unbreachable.

6.9. Web analytics

This website deploys web analytics in order to gain some understanding on how user search for, access and navigate it. These analytics can entail the collection of personal data like the user IP address, connection location, browsing software and hardware features, etc. This information is not associated to the user and is exclusively used for statistical analysis.

6.10. Use of third-party functions and plug-ins

This website may deploy functions and plug-ins provided by third parties. These functions serve several purposes like:

Third-party web analytics

Third-party maps

Third-party video streaming

Sharing contents in social networks

“Fav”, “Like”, “+1” and similar buttons

A function or plugin provided by a third party establishes a direct connection between the user browser and internet domains owned by the third party, allowing to download and execution of the function. Most third-party plugins collect information about the websites visited by the user in order to know his or her interests and to provide targeted advertisements.

6.11. Use of the Google Analytics function provided by Google, Inc.

This website deploys analytical functions provided by Google Inc (1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CALIFORNIA, USA) in order to understand how user search for, access and navigate it. These analytics can entail the collection of user activity tied to his or her IP address. When the user loads this website, the user browser makes a connection to Google domains like google.com in order to record the user access to the website. Google Analytics makes use of permanent cookies to create anonymous analytics about this website, according to Google’s privacy policy:https://support.google.com/analytics/answer/6004245?hl=en

The user consent for the processing performed by Google is implied from the use of this website.

6.12. Use of functions provided by Google, Inc.

This website deploys functions provided by Google Inc (1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CALIFORNIA, USA) like Youtube videos, maps and social buttons “+1”. These functions can entail the collection of user activity tied to his or her IP address. When the user loads this website, the user browser makes a connection to Google domains like google.com enabling Google to know that the user is accessing the website. Google collects usage data for several purposes including targeted advertisements according to Google’s privacy policies http://www.google.es/intl/en/policies/privacy/

The user consent for the processing performed by Google is implied from the use of this website.

6.13. Applicable legislation and competent jurisdiction

Any dispute arising from matters relating to the Website shall be subject to the exclusive jurisdiction and jurisdiction of the Courts of the city of Madrid

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